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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36632
Experience:  Attorney over 16 years, landlord 26 years
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I've been renting out a Kitchen a year and the owner

Customer Question

I've been renting out a Kitchen for over a year and the owner has yet to make any repairs to the place except for a refregarator thats always breaking down but yet always demands rent to be paid. i'ved lost serveral items and he stated it's not his problem. i have yet to pay rent for two months and now he's demanding me to leave. How can this situatation be handle.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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I need to ask a few questions before I comment...
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1. Has he served you with a 3 day notice to pay or vacate?
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2. Did he provide the refrigerator as part of the rental?
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3. How much was the food worth that you lost?
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4. Did you notify the landlord immediately once the fridge started having problems?
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5. Is there anything in the written lease that states that the landlord will make certain repairs?
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6. Is this a commercial lease?
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7. Are you withholding the rent or are you just behind?
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thanks
Barrister
Customer: replied 2 years ago.
Questions are answer according to the Numbers.
1. Yes and No! He did give me a notice to leave but later said he will fix the refrigerator after I explain to him that he was being unfair.
2. Yes the refrigerator is included with all other appliances.
3. Over $600
4. I did notify him as soon as I saw the problem.
5. We never had a written lease just a verble one.
6.This is a commerical lease. The lease is acually lease for his store and he rents out the Kitchen located inside the store.
7. I'm withholding the rent because I feel like the more I pay the more he overlooks things that needs to be repaired that he is well aware of.
Expert:  barristerinky replied 2 years ago.
Ok, if he has given you a 3 day notice to pay or vacate, then if you don't do so, he can file an formal eviction action in court once that notice expires and seek to evict you.
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So his verbal promise to not do so is not legally effective unless he has accepted rent from you..
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With that said, if you are withholding the rent because he is breaching the contract that you entered into with him to provide a working fridge and facility, then you can countersue him if he does file an eviction action against you.
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You would sue for the value of the food you lost due to his negligence in failing to maintain the fridge after you notified him it was going out. And also for a reduction in rent made retroactive based on his failure to provide you with what you were paying for.
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So he can't force you out of the property unless he has a specific clause in the lease called a "lock out" clause that allows him to retake possession in the event the tenant breaches. He would have to file a formal eviction action in court and then you could respond and countersue him under a breach of contract action as well for your damages.
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thanks
Barrister

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