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Here's my take on this and I'm not a lawyer (but I have been a renter and am a LL):
1. You did more than a tenant's share of trying to mitigate the damages (toilet clog)
2. You have it in writing that the landlord attempted to fix part of the problem previously AND you have a statement that the LL used "putty" to fix it (there's no way that's acceptable in any state).
3. You contacted a "licensed" (I hope the plumber is licensed) plumber to fix the problem.
So I would deduct the amount of the bill. Use the form in the link above. I seriously doubt the LL will try to do anything to get it back EXCEPT withhold your security deposit. But I'd be willing to take that chance and then, if he does, take him to small claims court.
Here's my take on this and I'm not a lawyer (but I have been a renter and am a LL):
1. You did more than a tenant's share of trying to mitigate the damages (toilet clog)
2. You have it in writing that the landlord attempted to fix part of the problem previously AND you have a statement that the LL used "putty" to fix it (there's no way that's acceptable in any state).
3. You contacted a "licensed" (I hope the plumber is licensed) plumber to fix the problem.
So I would deduct the amount of the bill. Use the form in the link above. I seriously doubt the LL will try to do anything to get it back EXCEPT withhold your security deposit. But I'd be willing to take that chance and then, if he does, take him to small claims court.
Thanks, that's what i'm planning on doing. I'm preparing a letter that i will send certified, stating my intentions of deducting the expense from April's rent payment.
Sorry, there is nothing illegal about a landlord choosing to fix his pipes with putty and such a repair is in no way a reason to withhold your rent.
It is not within the standards of landlord - tenant law for a tenant to pay for repairs and then with hold rent.
I have been a land lord for almost 20 years and I can tell you it is a really really bad idea not to pay the agreed to rent.
You could hire a professor of plumbing sciences and believe as soon as it comes out that you admit to withholding rent the odds of things going your way fall off dramatically...
Sorry, there is nothing illegal about a landlord choosing to fix his pipes with putty and such a repair is in no way a reason to withhold your rent.
It is not within the standards of landlord - tenant law for a tenant to pay for repairs and then with hold rent.
I have been a land lord for almost 20 years and I can tell you it is a really really bad idea not to pay the agreed to rent.
You could hire a professor of plumbing sciences and believe as soon as it comes out that you admit to withholding rent the odds of things going your way fall off dramatically...
Any smart landlord will get their money...
The puddy fix was a different plumbing problem. The number of yrs you are a landlord isn't relevant. In some states, such as CA, there are laws that allow for repair and deducting. Some of it is open for interpretation, so it's not a good idea, but, yes, it can be legal. If I were the OP, I would pay the full rent and take it to small claims. If he is wrong, he will be worse off if he doesn't pay full rent.
Sorry, there is nothing illegal about a landlord choosing to fix his pipes with putty and such a repair is in no way a reason to withhold your rent.
It is not within the standards of landlord - tenant law for a tenant to pay for repairs and then with hold rent.
I have been a land lord for almost 20 years and I can tell you it is a really really bad idea not to pay the agreed to rent.
You could hire a professor of plumbing sciences and believe as soon as it comes out that you admit to withholding rent the odds of things going your way fall off dramatically...
Any smart landlord will get their money...
There are laws which govern waste water plumbing that are much more stringent when it comes to a rental unit. Just because the landlord owns the house, doesn't give him the right to make substandard and dangerous repairs. Putty is not acceptable for waste water (black water) and might have created a serious health hazard. A landlord cannot just make repairs which endanger the health/safety of the renters; regardless how long a person has been a landlord.
As for rent withholding, some states have statutes concerning that. Pennsylvania is one.
Quote:
Originally Posted by FelixTheCat
The puddy fix was a different plumbing problem. The number of yrs you are a landlord isn't relevant. In some states, such as CA, there are laws that allow for repair and deducting. Some of it is open for interpretation, so it's not a good idea, but, yes, it can be legal. If I were the OP, I would pay the full rent and take it to small claims. If he is wrong, he will be worse off if he doesn't pay full rent.
If thre OP were planning on a long term lease, I'd say it might not be a good idea to follow the letter of the law, but in this case he's planning on moving in another month anyway. And to his own home which he has already purchased. I think if he sends a formal notice, such as is available in PA just for this purpose, he is covered legally. Morally, he is absolutely right and the landlord has real chutzpah to refuse to pay the bill. It's a plumbing issue and the tenant went above and beyond.
as it stands, i've talked to some legal aid people here in PA, and i was advised to send a certified letter to my LL, stating everything that's happened, and also informing him my intentions of deducting the plumbing bill from April's rent.
the sad thing is, i've had a pretty good relationship with my LL since we moved in...i've emailed him twice since March 12th, and haven't heard back from him...i'm hoping he isn't thinking this will just go away.
As a landlord, i always make repairs esp to the water systems ; it is in our best interest to have it repaired, after all, its our property at the end of the day and our responsibility.
Now if it was something that could have been avoided, like our tenant whose kids broken the faucet, I would expect her to repair it. Well she didnt so i was stuck with the bill.
I think your landlord should pay for this.
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