Can I withhold rent?

By RJS

In the past month I have been without a dishwasher for 2 weeks, had no hot water for 4 days and now they have replaced my tub

and bathroom tile without telling me, but it’s not grouted or sealed so I cannot take a shower. Communication from the property management is poor or non existent.  My questions is this–Can I legally withhold part of my next rent payment for the lack of services I have experienced? If so, how is this figured?

Edited on: Friday, April 5th, 2013 10:25 am

2 Responses to “Can I withhold rent?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Stephen

December 29th, 2009 2:39 am

Be careful RJS! If you with-hold your rent you will be in breach of contract regardless of what is going on in your rental. You can legally withhold your rent via the rent abatement clause which would allow you to deduct rent for each day that the unit was unusable.

So if your rent is $1000 per month you would pro-rate it based on a 30 day month (regardless of how long or short the month is). $1000/ 30 = $33 daily rent. All you need to do is times the days that you could not use the rental by the daily pro-rated rent…

Here’s an example: (assuming the landlord owed you 14 days of rent abatement)

14 x $33 = $462

In the sample above you would be entitled to $462 in rent.


Kristin

December 29th, 2009 9:43 am

No, you can’t legally with-hold your rent. That’s the quickest way to eviction!


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