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Can we withhold rent?

So this entire month we've had plumbing issues. Both bathrooms have overflowed ankle deep in water and has also seeped into the living room carpet. Downtimes it come sho the sinks or the showers don't drain. We've been renting for almost 2 years and never had an issue until now. The landlord said we can rip the carpet up if we want to. He has to replace the entire bathroom bottom cabinet (not sure what else) due to some water damage and starting to smell like mold. Not sure if we will have to stay somewhere when he does this. But rent is due on the first and I'm getting tired of the issued not being fixed. We are on septic and share with our neighbors. I'm afraid to flush the toilets and sometimes can't do laundry. Would we get kicked out for withholding the rent?

17 Answers

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  • 2 months ago

    Speak to a lawyer versed in such issues.

  • garry
    Lv 6
    2 months ago

    why dont you get it fixed then charge the landlord , or are to too stupid to think of that .

  • 2 months ago

    Depends on your state laws & local ordinances, as well as any report or condemnation by the local Board of Health. Consult your attorney.

  • 2 months ago

    Before you withhold rent, you have to check to see if it's legal in your state. It's not legal everywhere. 

    And you should probably give your landlord a break here--there's a raging pandemic, and a lot of contractors aren't even working!  It sound from what you say, he's TRYING to fix the issue--and maybe has been having a hard time doing that. PAY your rent--and keep calling or contacting the landlord to get the issue fixed. you may indeed have to stay somewhere else while the problem is being fixed. If it's the shared septic system with the neighbors and it's their fault or the problem originates with their plumbing, then he has to go through a lot of channels to get it resolved. 

    Plumbing issues are difficult to fix sometimes. Withhold rent over this and yes, you can get evicted for non-payment. Instead of taking such hostile action, FIND OUT what's happening first. 

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  • R P
    Lv 7
    2 months ago

    Google and read the landlord/tenant laws for your area. You'll find out there if you can withhold rent and the steps you have to take before doing so.

  • 2 months ago

    You can't withhold rent in most states.  To check Google "landlord tenant laws" and your state's name.

  • 2 months ago

    That is a matter of law in individual states, usually the answer is no.

  • 2 months ago

    No, you cannot withhold rent, legally.  However, IF the place is determined to be uninhabitable, then you can move out temporarily.  Pay for a hotel room instead (if you don't have renter's insurance that would cover it) and when your landlord calls you telling you that you can move back in (problem fixed), then you will be required to start paying rent again.

  • 2 months ago

    In some states you can withhold rent under certain conditions (while in other states you almost never can) and without knowing your state its hard to give more exact advice. Regardless, even if you are in one of the "sometimes you can withhold rent", it doesn't sound like you can this time.  He is trying to fix the problem and make repairs.  

    I would just keep bugging him every time a problem comes back.  If this is a clogged pipe, it should be repairable with a good plumber. if this is a high septic, the only solution might be a completely new septic system (hard to say). Since this was ok for 2 years, my guess is that its either some sort of clogged pipe (which again, shouldn't be that hard to fix, but can often be very tricky) or possibly the septic needs to be pumped out.  Anyhow, just keep bugging him and hope the repairmen figure it out soon.

  • 28AKO
    Lv 5
    2 months ago

    Yes. You can't legally with hold rent cause landlord won't fix plumbing issues. What u nd to do is first put in a handwritten request that plumbing nds to be fixed and what's going on. Be sure to have a copy of letter, text, or email with all this. Go to local City Hall ask to speak with code enforcement. Make a complaint w code enforcement on home u renting and the issue u having. Code enforcement will set up date, come out take pictures and video of issue. Give landlord 15days to fix it, if they don't they have to show up to court. City will seem home inhabitant to live in after that u will be able to move out legally without penalty. But not until then, landlord still collect rent from you. 

    If it's mold and back up as u stated landlord won't be allowed to rent out home period. Do u have rental insurance? See if your rental insurance will pay for u to stay in hotel until issue is fix by landlord. Best wishes

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