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What can a tenant do if the landlord refuses accept the offset of the cost of the repair?
Wiki User
∙ 12y ago
If the repairs are essential but the landlord refuses to accept the offset, then the landlord can file eviction proceedings against the tenant. However, this is something that tenant can challenge in court. If it can be proven that the repairs are essential, the tenant will not only win the case, he can counter sue for damages of up to three months of rent abatement.
Wiki User
∙ 12y ago
If a landlord refuses to accept the offset of the cost of repair, a tenant can first review the lease agreement to understand their rights and responsibilities. If necessary, they can report the issue to the appropriate housing authority or seek legal advice to understand their options for resolving the dispute and ensuring necessary repairs are made. It may also be helpful to document any communication or evidence related to the repair issue.
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What can a tenant do if the landlord refuses to repair the plumbing in the rental property?
Tenant may, given proper notice of at least seven days before the rent is due, and if the plumbing problem is essential for the habitation of the home, have the plumbing problem resolved and offset the repair costs from the rent.
Is the tenant responsible to repair a broken ac unit?
If the air conditioner came with the apartment, then No, the tenant is not responsible. It is up to the Landlord to fix it. I know this because I am a landlord myself. If the Landlord refuses to do so, call a repairman, get it fixed, get a copy of the bill and deduct t from your rent...however make sure you let the landlord know that you will be doing this if he still refuses to fix it and again, make sure you give him a copy of the bill when you pay your rent.
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Your landlord will not fix anything and he will not let us get it fixed what can you do to break the lease?
If the item(s) that need fixing is an essential item for living in the rental unit, you have the right to deliver a notice at least seven days before the rent is due, that the item needs to be fixed or you will fix it and offset it from the rent. The landlord may still evict you, but if the repair was essential you will win. And your landlord will be subject to damages you can claim of up to three months of rent abatement (Florida).
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What happens if landlord fails to repair kitchen?
This depends on what area of the kitchen needs repair but it's safe to say that just about every area of the kitchen is essential for living in your rental unit. If your landlord does not fix your kitchen, and the area of the kitchen is essential for habitability of your home, you have a couple options: if you send your landlord a notice of at least seven days before the next rent due stating such, you can have a kitchen repaired yourself and offset it from the rent. If you do this, keep in mind that your landlord could still file eviction proceedings against you, even if he knows he's going to lose. But if he does lose you can countersue for damages of up to three months of rent abatement. The second option is to move out of your unit under the constructive eviction rule.
Is a landlord required to provide working AC in Florida?
Your landlord is not required to provide air-conditioning, per se. But this is probably not the issue here: the issue is, is your landlord required to fix appliances that have been provided, including the air-conditioner? That answer it is: yes. If your air-conditioner was working when you moved into the apartment and it is not working now, then your landlord has the obligation to fix it. If he doesn't and you provide adequate notice, you can have it fixed and take the cost of repair off the rent. The procedure to do this is as follows: at least seven days before the next rent is due your landlord must receive the letter from you stating that the air-conditioner is broken and that you demand that it be fixed. It must also state that you reserve the right to have the air-conditioner fixed and to offset the rent by the amount of the repair. Keep in mind, however, that your landlord can still try to file an eviction against you. If this happens then you need to go to court and fight your case: you will win it likely.
You are residing in a home that was issued notice of default The landlord for months has promised to fix things but yet nothing is done Is he legally in the right to collect renton a foreclosed home?
Okay, we need to compartmentallize here: 1. The house is being foreclosed 2. There are things that need to be fixed here and the landlord promised to fix them Issue number 1 is between the landlord and his lender, not the tenant. So as long as the landlord has control of the property, he still can collect rent from the tenant and evict the tenant for non-payment of the rent or for other violations of the terms of the lease. Issue number 2 is between the tenant and the landlord. If the tenant needs repairs to the home that is vital to living in the home, such as water heater problems, then the tenant has the option of having the item(s) repaired and the rent offset by those expenses, or terminating the lease by moving out if the situation is inconducive to living in the unit. If the tenant chooses to repair the items then he must give the landlord a notice of at least seven days before the next rent is due that he will do such repairs and offset the rent accordingly. The tenant must then turn in receipts to the landlord in the amount of expenses, and pay the remaining amount of rent. The repair must not be frivolous, and of reasonable costs. The tenant may not charge for his own labor.
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