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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 17899
Experience:  B.A.; M.B.A.; J.D.
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My tenant is withholding a portion of rent due to a roof

Customer Question

My tenant is withholding a portion of rent due to a roof water leak. She is claiming the clause below supports this and the room is "untenantable." She has had to move her furniture out of this room when it rains. Is this considered "untenantable," and
does she have a right to withhold rent? She is withholding 1/5 of the rent, claiming that the room affected is 1 of 5 rooms in the apartment. "If the Premises or any part of the Premise, will be partially damaged by fire or other casualty not due to Tenant's
negligence or willful act...... the Premises will be promptly repaired by Landlord and there will be an abatement of rent corresponding with the time during with, and the extent to which, the Premises may have been untenantable." In addition, this is a condominium
we are renting (we are not professional landlords). The leak is being caused by a faulty roof of the building complex, which the association is responsible for. A previous lawyer confirmed it is the association's responsibility to repair, due to this being
a building/exterior issue. Problem is, they are dragging their feet and not repairing in a timely manner (it has been over two months). Can the association be held liable for the amount of rent lost?
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
oops, clicked "Call Me" out of curiosity. Does it cost to use this feature? Anyhow, written or call responses are appreciated.
Expert:  Phillips Esq. replied 1 year ago.

Yes, the Association can be held liable for the amount of rent lost.

Yes, the Tenant can withhold rent pursuant to the clause that you cited. The room is "untenantable" if the Tenant has to move her furniture out of the room when it rains. Regardless of the Association's responsibility to timely repair the leak, you are ultimately liable to your Tenant. You have a contract with the Tenant. The Tenant has no contract with the Association.

You need to direct billing questions to Customer Service. I am only a site user just like you and as such I do not have the answer to your billing question.