Witholding rent and getting back a deposit?
Saturday, January 7th, 2012 at
5:02 am
I have withheld my rent for this month (I did get legal advice before doing so). I am going to leave in the next week or two if the inhabitable living conditions are not repaired and resolved. Can I get back my security deposit?
The heater was capped in March by PG&E for being a health hazard. They never fixed it. Also, the plumbing is messed up pretty bad…everything backs up and leaks. The owner was made aware of this months ago.
Sell and Rent Back
Related articles:
- Do you always get your security deposit back when you move out of the apartment or room you rent? I am going to move out of my apartment end of next month. What are the other dos and don’ts I need to be aware of before I move...
- What can I do if my previous landlord has refused to send back my original rent deposit of $700 after 38 days? It has been 38 days since I moved out and I am aware that the california law only allows 21 days for a landlord to return a deposit. That...
- Can my landlord use our pet deposit with the security Deposit too back rent? well our Ex landlord gave us a three Day notice too Vacate the Apt they just called me too say we were not getting our Securtiy Deposit or our...
- I signed a credit application, and sent in one month’s rent to hold apartment. How do I get deposit back? The credit application did not state I would not receive my deposit back if I did not take apartment. I lost my job and could not take apartment, owner...
- Do I pay for the cost of the repair for my sink when I’m a tenant in a apartment complex? I live in an apartment in S. California and I’m a month/month rent tenant. My sink got clogged up and I ask the manager to have it fixed. She...
Tagged with: Health Hazard • Leaks • Pg E
Filed under: flat rent back
Don’t hold your breath. It’ll likely be a fight.
yes…in small claims court. (breach of contract) prepare to be counter-sued.
If your place has damage to vital services like the toilet don’t flush, the shower leaks, the drains get plugged up, the heat don’t work.
Make a list of problems and send them with your certified return receipt requested letter giving him two days to fix it or your moving out. Wait 2 days. Don’t pay the rent.
Take a walk. Forget your security deposit.
Some landlords are crooks, sounds like you’ve got one.
Yes property must be provided fit for living and if not they are in breech of contract. You can send landlord a breech of contract if things are not fixed. Witholding rent is a breech of contract on your part. If you rented the property in this state and it was noted in defect inspection and noted by both parties prior to you renting the premesis then unfortunately you have no case. However if this happened during your tennancy agreement then your landlord has a duty of care to his tennants - all info should be on te RTA website. They can withold part of your security deposit if you withold rent and this violates your tennancy agreement.
Be sure you followed the exact, precise rent-withholding system established in your state.
He’ll probably keep it and you’ll have to sue in small claims court. So be sure to have lots of photos and documents to back your case.
It depends on what state you live in-some states have habitability laws that can be enforced by the tenant-in other words, you can “repair and deduct”. Others have no such protection. Not many have “withhold rent” protection. You can research this by looking up “tenant’s rights…your state”. Since the landlord has your security deposit already, should he/she decide to keep it, you would have to sue in small claims court to get a judgment.
get ready for a fight!