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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 17432
Experience:  B.A.; M.B.A.; J.D.
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Landlord/tenant issue: Please refer to my old

Customer Question

For a landlord/tenant issue:
Please refer to my old questions. I am still having the same problem with my landlord. I gave them notice I was withholding my rent over 4 months ago due to problems in my apt. 3 times now they have posted a 3 day notice to pay rent or quit on my door. twice I gave them info they can't do this, its considered harassment or retaliation. My shower does not drain, and 10 other residents or more have the same problem. I also don't have hot water in my bathroom sink...the other two times after givin me a 3 day notice, they dropped it after I notified them they could not do that. So today, they gave me another 3 day notice, I called the regional manager and she says they can do it and my case and my moms is already at the at attorneys for eviction. I was advised by one of your attorneys previously that the notice to withhold rent, I only had to had to give that to them once, and from what I have read online, there is no time limit. They just ignore us residents, its unb unbelievable! I have been a property manager since 1988 and I have never seen such a ridiculously uninformed property management company about what the law is!! I have to file in small claims I guess, but they cant serve me the 3 day 3 day notice when they refuse to fix the problems in my shower??? I had the city inspector out and he agreed that the showers are not sloped correctly to drain...so 3 weeks later I go to see the city inspector and he tells me they are installed correctly and we will just have to get on our hands and knees and dry them out? This is a senior property!!! I told hi told him to his face that was the most ridiculous thing I have ever heard!!! I managed senior housing for 8 years and this is just wrong....help!!!!!!
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 6 months ago.
If the Landlord/property management disagrees with your withholding the rent, they must then file eviction action after the expiration of the three-day notice in order to evict you. Once the case is filed, you must be served with the Summons and a copy of the Complaint so that you can file an answer and tell the Court why you should not be evicted. The Landlord is not entitled to rent if the needed repairs remain outstanding. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.

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