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Old 01-25-2014, 07:07 AM
 
Location: Delaware
72 posts, read 87,459 times
Reputation: 36

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Has anyone here withheld rent due to apartment conditions? What was the outcome? I read my tenant rights and it claims that you can withhold rent until your apartment is repaired. A pipe burst in the apartment above us ruining our kitchen ceiling. It is leaking and literally falling down. We have had multiple issues in our apartment so we are terminating our lease early. They are aware of this.
My issue is that they are refusing to do anything about the conditions of my apartment right now because they said that everything needs to dry. I can't even walk into my kitchen. We are ending our lease on March 1st (4 months early) but until then we should not have to live this way.

I also read that you can get your rent reduced based on if there are areas of your home that are not livable. My kitchen is not usable.
If anyone has been in a similar situation please let me know.
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Old 01-25-2014, 07:21 AM
 
12,120 posts, read 28,476,854 times
Reputation: 3780
im from NY I live in a rent stabilized apartment the way that would work here is youd first send the landlord a letter certified mail informing them of the problems in the apartment. if you don't get a response in 10 days youd then send the housing board a copy of the letter you sent to the landlord along with a copy of the proof of mailing you sent to the landlord

the housing board would then send you an application for a rent reduction based on reduction in services. the housing board would then ask the landlord to make the necessary repairs and in the meantime your rent may be reduced either to what you paid during the last lease renewal or less until the repairs are made
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Old 01-25-2014, 07:35 AM
 
Location: Long Neck,De
4,792 posts, read 6,771,164 times
Reputation: 4768
If you are going to move 1st of March personally I just would not pay the rent. If the landlord starts eviction proceedings now it would be after that before he could possibly get a court order and get the Constable there for an eviction. Take pictures and if he does start court proceedings GO to court. Take the pictures and tell your side.
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Old 01-25-2014, 09:30 AM
 
378 posts, read 496,453 times
Reputation: 402
Here is a overview of the landlord tenant code:
Delaware Tenant Rights to Withhold Rent or
You can get a pdf copy of the code here:
http://attorneygeneral.delaware.gov/...re/landten.pdf
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Old 01-25-2014, 11:16 AM
 
102 posts, read 126,956 times
Reputation: 92
Another option which would probably be a pain. Your renters insurance should cover additional living expenses. If part of your place is uninhabitable they'll cover the expense for you to stay somewhere else. In turn, the insurance company would mitigate their losses by going after the owners liability coverage. It would still count as a claim on your policy though. Most standard companies won't cover anyone with more than 2 losses on a homeowners/renters policy.
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Old 01-26-2014, 09:44 PM
 
Location: Delaware
72 posts, read 87,459 times
Reputation: 36
Thanks everyone. I will be calling the attorney general's office tomorrow. It has been 3.5 days and the leaking has continued. Who knows when it is going to dry. This is unjust.
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Old 01-27-2014, 07:25 AM
 
Location: Long Neck,De
4,792 posts, read 6,771,164 times
Reputation: 4768
Are you by any chance part of the group from the Seaford area who was forced out of their homes and the apartment management is putting them up in a hotel?
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Old 01-27-2014, 12:00 PM
 
Location: Delaware
72 posts, read 87,459 times
Reputation: 36
No I'm at the Cavalier Country Club Apartments in Newark.
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Old 02-20-2014, 11:39 AM
 
Location: Delaware
72 posts, read 87,459 times
Reputation: 36
Thanks for the comments everyone. We were able to terminate our lease. Moving out of state, peace out DE.
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Old 02-20-2014, 12:15 PM
 
21 posts, read 25,209 times
Reputation: 37
Sorry you had such a poor experience in Delaware. Best wishes for wherever you go next.
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