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AR15.COM
9/30/2008 8:14:40 AM EDT
I have a legal question for you guys.  

Long story:

Our landlord sucks.  It's generally not a problem, unless something breaks.  And then it depends on what breaks.  Last Christmas, 1/2 our apartment was without power for almost a month.  I notified him of the problem on the day it happened, and it took 4 1/2 weeks to get it fixed.  They took $100 off rent.  Then we had a problem with the bathtub faucet.  It was fixed in 2 hours.  Followed by a clogged drain for almost a month (they didn't take any $ off, and yes, I tried snaking it, drano etc.  Plumber had to do something from the roof?).  Then our stove broke.  It took them a month to repair it, and they took $50 off.  Now, a month after they fixed the stove, it's toast.  It took 1 hour to heat the oven up to 220, and the range is about the same.  It's been 4 1/2 weeks since I've told him, and all I've gotten from him is that his dad, the owner, is being a child about replacing/repairing it.  Well, I don't give a shit that his dad doesn't want to replace it.  I've given them close to $20,000 in rent since I moved there, and they've put maybe, MAYBE $400 back into maintaining the place.  The only thing I can find legal wise is that my landlord is responsible for making repairs in a timely matter.  Rent is due tomorrow, and I sure don't want to pay it until I have a way to cook again.  I've tried to find in the law a specific amount of time that the landlord has to repair things, but can't for utah.  I know in other states they have 24-48 hours.  

Am I still legally obligated to pay rent, or can I pay a reduced amount until it's fixed?


Short version:  POS landlord hasn't fixed stove that's been broken for almost a month.  Do I have to pay rent? Can I reduce the amount I pay until it's fixed?  What can I do?
9/30/2008 8:20:59 AM EDT
[#1]
Laws regarding witholding rent due to repairs not being done vary from state to state.

ETA:  I'll see if I can find what it is for UT
9/30/2008 8:23:45 AM EDT
[#2]

Quoted:
Laws regarding witholding rent due to repairs not being done vary from state to state.

ETA:  I'll see if I can find what it is for UT


Thank you.
9/30/2008 8:26:49 AM EDT
[#3]
Again, varies from state to state but necessities usually have WAY shorter repair time. Power and water versus a leaky faucet.

A MONTH without power? I would have called him up the day after and told him next month's rent is going to a lawyer today.


-Foxxz
9/30/2008 8:27:00 AM EDT
[#4]
I'm not in Utah, but http://www.google.com/search?q=+utah+tenant+rights has some likely resources.

Specifically,  http://www.uls.state.ut.us/uls/services.html covers issues of habitability and repairs.  You can contact them and ask.
9/30/2008 8:28:02 AM EDT
[#5]

Quoted:
Laws regarding witholding rent due to repairs not being done vary from state to state.

ETA:  I'll see if I can find what it is for UT


As stated above
State to state.


Is there a State housing dept you can call ??
9/30/2008 8:38:55 AM EDT
[#6]
This may help


Owners are required by law to keep housing safe and sanitary. You should call the Board of Health or local building or housing inspector to have the unit inspected for serious problems that need repair. Tenants now have several options to choose from:


1. Withhold rent to force repairs. This can be RISKY and may result in your landlord starting eviction proceedings. Choose this method only when there are serious health and safety problems. For good measure, have the place inspected and get a copy of the report confirming the bad conditions. Withhold rent only after giving written notice to your landlord asking that the problems be repaired. If your landlord wants to evict you, the landlord must follow the eviction procedure which is outlined in this booklet. (See "Eviction") If you do not pay rent, you may receive a three-day pay or vacate notice. If you pay the rent during that time, you can stay. If you do not pay and hold out for repairs and the landlord sues you, you must file a written answer telling the court that you withheld rent because the premises are unsafe or unhealthy.


When you go to court, be sure to subpoena the inspector and the inspection report. The judge will decide if you had a good reason to withhold rent. If the judge rules against you, you will be evicted and will have a costly judgment entered against you. You decide if you want to take this risk.


2. Keep the rent current and then sue your landlord for reimbursement of rent paid - or part of it - because you could not fully use the premises or enjoy them for a period of time. You may also sue for damaged property such as furniture damaged by a leaky roof.


3. Give the landlord written notice of the problems, repair, and sue. Tell the landlord exactly what is wrong and that you expect it to be fixed promptly. If the landlord does not make the repairs, pay for the repairs yourself (materials, labor, or both), keep the rent current, and sue the landlord in small claims court for all the money you spent.


4. Use local ordinances to repair and deduct. In Salt Lake City, the fit premises ordinance gives the landlord from one to four days to make critical repairs after the tenant notifies him or her of the problem (check the ordinance for deadlines). Critical repairs include: inoperable toilet, no heat when it is necessary, broken or leaking water pipes posing an immediate threat to life, safety or health, no running water, or disconnected utilities. IF YOUR RENT IS CURRENT, you can give written notice to the landlord. If the landlord does not start within the specified time provided by the ordinance, the tenant can have the problem fixed and deduct up to $400 from the rent and give the landlord the original receipts (keep copies for yourself). For noncritical repairs, the tenant has to give the landlord two notices before repairing and deducting the cost from the rent. The Salt Lake City ordinance does not clarify if the deduction can be made more than once.


In the unincorporated areas of Salt Lake County and in West Valley City, the ordinances are basically the same as for Salt Lake City. In Murray City, the ordinance is almost the same, but the tenant can deduct one-half of the monthly rent up to $600 per month. If the tenant complies with the ordinance, the landlord cannot evict the tenant because he or she repairs and deducts the cost from the rent.


Call the city, county, or Utah Legal Services to find out the time the landlord has to start making repairs, how the notice(s) should be written, and the ways to serve it/them.


Utah Legal Services will consider representing tenants if there is an inspection report showing major unhealthy or unsafe conditions. Should the landlord try to evict you because you call the inspectors, call Utah Legal Services. Retaliatory evictions are against the law.

10/8/2008 12:35:57 PM EDT
[#7]
Well, I thought I'd update.  I wrote a letter to the landlord stating that it's been a month, and that I expected a working stove to be in within 48 hours.  Since the LL is usually pretty worthless, I also called the owner (the LL's Dad), and left a message letting him know what we've been dealing with.  Owner lives in California, and was at my apartment the next morning, and I got a new stove the next day.  It's gas too, and bigger, so we're happy.  Unfortunately, he didn't take any rent off.

I know from now on that if there's ever a major problem, I'll just call the owner of the property.

Thanks for the help.
11/2/2008 7:15:31 AM EDT
[#8]
Most states allow you to with hold rent if your dwelling space is inhabitable, such as no heat, water, electricity, etc.  However, you still have to pay the rent, you just pay it into a trust account.  You really should talk to a real estate attorney in your town.
11/2/2008 8:04:32 AM EDT
[#9]



I'm a landlord.

State laws vary so much that I'm afraid that you'll not get a very useful answer here.

I can give you one piece of advice.  Fire your landlord.  Move somewhere else.  One of the most expensive events for a landlord is the vacancy.  During that time, they have to make the mortgage payment.  

When I get a good tenant, I go a long ways to make sure that they stay happy.  I make concessions when I'm not required and it has paid off for me.

My tenants move in and they stay.
11/5/2008 5:54:48 PM EDT
[#10]
Move.
11/5/2008 6:54:58 PM EDT
[#11]
Quoted:
Move.


Not really an option unless I want to pay about $175 more a month.  My rent is really low now, compared to other places of the same size.  Owner is a dentist in CA who bought it for his son (my landlord) to live in.  He only keeps the rent high enough to pay the mortgage and property tax, plus a little extra.