Ask a Landlord-Tenant Question, Get an Answer ASAP!
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
I am sorry to hear that this has happened at the beginning of your new tenancy..
Are you still occupying the property?
Are the bathroom facilities unusable?
What is your legal question that I can help with this morning?
Ok, are you asking if legally you should pay the plumber with the rent money, then yes this would be entirely appropriate because the plumbing issue would make the house uninhabitable until repaired so would put the landlord in breach. When the landlord is in breach, that relieves you of the obligation to perform under the lease contract by paying rent. So you would be entirely within your rights to "repair and deduct" from the rent considering the emergency nature of these repairs.
Just make sure that you get receipts for any costs you incur from the plumber so you can submit copies with any remainder of the rent if the repairs don't cost more than the rent.
No, if you are using the rent money towards paying for these emergency repairs, then you don't have to pay the rent for that month. I would opine that you would still have to pay for the deposit, as that is for any damages that you might cause during the tenancy, but that is up to the landlord to demand.
But once the repairs are made and the bathroom facilities are usable, then your normal rent would resume the next month.
So if rent is $500 and it costs $500 for repairs, you don't pay rent for one month. If repairs are $250, then you pay $250 as rent that month. If repairs are $750, then you don't pay rent for one month and only pay $250 the next month.
Well, technically something like this might not be predictable. Until someone moves in and has a problem, it is possible that the landlord didn't know about it..
But they are in breach until all repairs are made and the property is habitable again.. So if you had to stay in a hotel until the bathroom facilities are fixed, then the landlord is responsible for those costs as well and you could sue them in small claims court if they refused to reimburse you for any costs you incurred due to their breach.