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Category: Legal
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Experience:  Licensed attorney helping individuals and businesses
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Hi, I have a problem. I am living in a rent house. I pay $785

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Hi, I have a problem. I am living in a rent house. I pay $785 a month. I had damages from Hurricane Ike in Sept. The damages include Broken window, fence is down, electrical problems, leaking in 2nd bedroom, broken flue in fireplace. My kids have been living in the living room due to water damage, I had a bat come in through the fireplace, I haven't been able to do laundry due to leaking in 2nd bedroom, half the outlets work in house. I still am living with the damages. My light bill has increased. I paid rent in Sept., Oct., Nov., and Dec. I had a few friends come look in the house. No one had even come to fix the house, the only person that came by was an insurance adjuster to get estimate on the damages for the owner back in Oct. My friends told me to send a letter to owner and to not pay rent. I sent $500 and told of damages. The owner called me told me sorry and that he wasn't going to hassel me for rent. So, I didn't pay 2 months. Now, they want $1,800 or eviction. What do I do?
Did you get the waiver of rent in writing?
Customer: replied 7 years ago.
No, I didn't it was a verbal over the phone. The owner was in Japan at the time. He knew
of the damages to the house. He told me they would be fixed, that he wasn't going to hassel me due to the extent of the damages.
In that event you would have a hard case. A waiver of rent would need to be in writing to be binding.
Customer: replied 7 years ago.
It wasn't really the answer I was looking for.
I realize you wanted an answer that said that you dont have to pay the rent and you may be able to negotiate this outcome, but legally i am telling you the state of the law.
Customer: replied 7 years ago.
So your meaning to tell me I have no rights. That I have to pay for a house with extensive damages, not being able to move due to being stuck in a lease! There are renters rights. $15 dollars might not be a lot of money, but it is a lot of money to pay to get told your screwed. I know that this isn't right. There has to be a law protecting me.
You have to pay the rent due but can seek to argue waiver, laches and seek to enforce the oral agreement albeit it is a hard claim. To the extent of damages, you can counterclaim and seek a rent credit.   
Customer: replied 7 years ago.
So, what if I can't come to an agreement with the due to their greed? Do I get an attorney? My kids have been living in the living room for 4-5 months. There are still damages in house. What do I have to do if an agreement isn't made and they threaten to evict?
You can have an attorney negotiate a solution including repairs, rent credit and the rent waiver issue, but you dont want to pay a lawyer more than what he or she can possibly get you so consider going to court on your own to file the complaint.   
INFOLAWYER and 3 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
Thank you.

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