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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12696
Experience:  Experienced Licensed Attorney
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my landlord has not repaired certian items in my apartment

Customer Question

my landlord has not repaired certian items in my apartment after 3 yrs of tenantcy. i paid 2300 to a compnay to come in a make he repairs and feel as though i should be reembursted for the money spent out of pocket.
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX X will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

Did your landlord authorize you to make these house repairs?

Did you first made a written request for the landlord to make the repairs, before hiring this company to fix the house?
Customer: replied 1 year ago.

the 2nd letter was an attempt to recommend a company to do the repairs. i still did not recieve a response. the 2nd letter was sent march 1 2012 and the 3rd letter was sent april 1st with the intent to hire the company if no respose was recieved

Expert:  Alex J. Esq. replied 1 year ago.
Dear Whitney,

Do you have a valid written lease with this landlord?
Customer: replied 1 year ago.


yes i do. I asked for the following repairs:

 

 

sealing of hardwood floors (they are currently usealed making it hard to properly maintain)

 

fresh coat of paint

 

windows are broken (unable to open )

 

outlets are 2 pronged instead of 3 pronged

 

electrical issues with hallway lights

 

ceiling in bathroom was not properly repaired

 

grass has not been cut in back yard/ grass seed needed in front yard

 

porch light does not function (unsafe because i come home at 1 AM daily)

 

doors have been off the hinges since i have moved in in 2010

 

 

 

Expert:  Alex J. Esq. replied 1 year ago.
Dear Whitney,

Thank you for your follow up.

It is never a good idea for the tenant to withhold rent on his/her own.

The proper way to address a situation similar to yours, is to file a lawsuit in the local court against the landlord for the breach of lease, based on the failure to maintain the rental property and to conduct necessary repairs and to seek compensation for any money you were forced to expand on these necessary repairs.

Once you file a lawsuit, you would be able to deposit your rent payment into the court registry and the judge will decide at trial as to who is entitled to the rent payments and to what amount.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12696
Experience: Experienced Licensed Attorney
Alex J. Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


in the last letter i stated that i would only withhold rent until i got a response back.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Whitney,

Thank you for your follow up.

I completely understand, however the landlord can still start an eviction process for the non payment of rent and a better idea might be to send a demand letter to the landlord by certified mail with return receipt requested for your records and demand to be compensated for the repairs and if the landlord does not respond file a lawsuit, but simply withholding of rent is not a good idea.

I wish you the best of luck!

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