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Gerald-Esquire
Gerald-Esquire, Other
Category: Landlord-Tenant
Satisfied Customers: 3048
Experience:  30 Years of experience.
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I have a renter that is being represented by attorney by

Customer Question

I have a renter that is being represented by attorney by withholding rent for repairs He has orchestrated through tampering with all but one of the home component. I the landlord found out about the repairs through the repairmen who did the repairs. The Renter is a General contractor and the repairs are Replacement of Heating furnace, Garbage disposal, new Electric Stove, and AC. Currently the renter is squatting, while I wait for conformation of Joint ph conversation. Or would it be wiser to just file the eviction ?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Gerald-Esquire replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

It sounds like the tenant is taking advantage of provisions that may allow for rent withholding. The laws differ from state to state on whether the tenant may lawfully withhold rent. As you have indicated he appears ob be claiming repairs to systems that he is disabling.

Since you are on a month to month lease agreement you can terminate the lease by providing notice and starting the eviction process. You should get a written statement from the contractor doing repairs as to the condition of the systems that he has been working on and whether they have been tampered with.

If you believe this is happening it may be wisest to take steps to remove this tenant. Be mindful that if he is this devious he may strip your property before he leaves. So you want to move a promptly as you can. Since he is represented by counsel send your notices to his attorney as well as to the tenant. Please consider hiring local counsel to protect your interests.

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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