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Old 01-17-2013, 11:38 AM
 
5 posts, read 5,083 times
Reputation: 12

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A family member rents a converted attic-apartment. Been there about 6 yeaars. Before the holidays, on Dec 19, the power went out. Landlady did not take the problem seriously, assuming It was my family member who was simply plugging too many appliances in. Well, that wasn't the case. Just yesterday, january 15, an electrician FINALLY finished fixing the problems. It was his 3rd time here doing repairs, which included changing out 2 blown fuses and repairing faulty wiring.

The issue is this: Family member withheld rent, thinking she may have to use it to make repairs herself and taking the cost out of the rent. She's also disabled, so didn't get that far. She did, however, put the issue in writing several times, and said this is what she would have to do if the repairs weren't taken care of within 72 hours. The repairs began, but again were not finished until almost a month after the problems began. There was no heat or cooking available in the apartment over the Xmas holiday, new year, and half of January.

Is there any legal basis at all for her to pay only the remaining HALF of January? A good deal of money was spent just bearing with the cold and food issue, and the money would go a lot further toward a deposit at a new apartment. Its just, a new apartment hasn't been found and there's no gaurantee she can make that happen by Feb 1. So that's my question: is there a legal foundation for only paying half of the January rent after not having a habitable apartment from Dec 19-Jan 15?
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Old 01-17-2013, 03:12 PM
 
Location: Los Angeles
8,427 posts, read 10,849,588 times
Reputation: 10663
She could take the landlord to court, but first, and above all, she must keep current with the rent.
If it is a month to month rental, she could sue for the months the unit was uninhabitable, but would have to proove that contention.
One can't just withold rent on the basis repairs are not being done.
In order to withold rent for this purpose, she would have to put it in writing (have it notorized) that on a specific date she asked that repairs be done.
If they were not done in a reasonable amount of time, she could ,again in writing, inform the landlord that she will be holding back the rent in the amount it cost her to get the repairs done, and along with the balance of the rent she would be paying, include a copy of the reciept for the work she paid for..
Bob.
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Old 01-17-2013, 03:44 PM
 
1,963 posts, read 5,596,024 times
Reputation: 1648
Find out if that converted attic is even to code..... it could've been finished without even pulling proper permits. If so she could use that as leverage with the landlord to negotiate a settlement with the landlord. Honestly though she should start looking for a new place to rent if she's coming to blows with the owner.
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Old 01-17-2013, 04:40 PM
 
Location: TOVCCA
8,452 posts, read 14,957,050 times
Reputation: 12528
Paying up is cheaper than moving.
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