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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 57323
Experience:  Experience representing landlords and tenants.
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I have tried to reply to our last conversation, but was not

Customer Question

Hello there. I have tried to reply to our last conversation, but was not given the option to. We have held our rent in escrow for our landlord after several requests for repairs. We've sent a letter to the property management company advising of withholding of rent. This was done in 1/2017. The property management company has just replaced the roof this past April. Our first complaint of leaking and roof issues took place a week after moving in 8/2016.We have since found out through our city clerk's office that the property did not pass inspection. The courts have advised us that we must wait for the landlord to take us to court.
After five months, they have sent a "Demand for Possession/Nonpayment of Rent" from an attorney. It appears that they are trying very hard to avoid court, but we want to go to show the judge what we have dealt with since moving in. Here's my questions:1.) What are our rights?
2.) Can we demand reduced rent for the months paid due to the landlord's failure to make timely repairs.3.) Can we demand reduced rent for the months paid due to the landlord's failure to repair other issues explicitly stated in our letter to them?4.) Can we request return of all rent paid due to the home not passing inspection?
5.) Can we request return of our security deposit due to landlord not honoring the lease?
Submitted: 4 months ago.
Category: Landlord-Tenant
Customer: replied 4 months ago.
Also, our lease is not expiring until 08/11/2017? This will allow adequate time to find another property. Can we request to stay until the end of our lease with full return of security deposit? Or, should we be preparing to leave the property rather quickly?
Expert:  Infolawyer replied 4 months ago.
You may seek repair and adjustment in rent. You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way. If you sue in court you may end up with a judgment. The judgment generally allows you to levy on bank accounts, lien real estate and work with the sheriff office civil enforcement division. Many lawsuits result in settlement - which expect the judge to encourage.
Customer: replied 4 months ago.
I have prepared an outline in the original letter, I have pictures, e-mails, documentation of conversations via phone, and text messages. They simply repaired one thing and try to get in our good graces to get the back rent. There remains a SLEW of other things they've simply not done. Which has caused damages to my personal items. They offered a month concession. How does the fact that the dwelling not passing inspection which was not disclosed weigh in our favor?
Expert:  Infolawyer replied 4 months ago.
I would counter with 3 months
Customer: replied 4 months ago.
Great. Thanks so much!
Expert:  Infolawyer replied 4 months ago.
Good luck! Kindly rate me five stars.