Does a tenant have the right to withhold a portion of rent if their landlord has not followed through with their legal responsibilities and promises?
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Does a tenant have the right to withhold a portion of rent if their landlord has not followed through with their legal responsibilities and promises?
We moved in on 10/10/10. The landlord promised at that time they would replace the missing kitchen drawers and outlet covers. After a few days, I realized there were no required smoke detectors in the house. I have called the landlord several times about replacing the missing items and smoke detectors. They continue to tell me that they will be here to make the repairs. We have yet to see them. We have withheld a portion of the rent. They are calling and asking for the remainder and $25 per day late fee. What are our rights as tenants?
Asked on November 8, 2010 under Real Estate Law, Montana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Generally speaking Judge's do not like tenants that "self help" by withholding rent. They would prefer that you go down to the courthouse that resolves landlord tenant issues in your county and file a proceeding to require that the landlord repair and provide the services that they have agreed to or are required to under the law (the smoke detectors are the ones that fall in to the last category) and ask that you pay your rent in to court until the matter is resolved. This really puts a fire - excuse the pun - under a landlord's tail because now the court will hold the money until they are satisfied that the repairs have been made. Try that. Good luck.
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