Can I withold rent because my landlord is witholding services?
My management company is upset because I'm excerising my rights to 24hr notice to enter and asking them to renovate. I also reported them to HUD for discimination.They keep excepting my rent but keep asking me to move out (while accepting rent). Now they refuse to give basic services such as providing proof of residency and they keep sending me letters but they have not filed for eviction formally because they have no grounds for eviction. Their tactic is to create a hostile environment via retaliation letters and neglect. What actions can I take?
But I am not interested in caving in and moving out because they dont want to do their jobs or obey the law.
- Anonymous9 months agoFavorite Answer
Yes, but to do it legally and avoid eviction you need to get a lawyer to set up an Escrow account into which you deposit your rent when due. At the end of the dispute the monies plus interest are turned over to the landlord.
- Incorrect AnswerLv 68 months ago
No, you still have to pay rent. If a landlord isn't pulling their weight you can sue but if you could afford that you wouldn't be renting... Got to find a good landlord if you can't buy.
- Anonymous8 months ago
You sound like a much bigger problem than they are. You can provide proof of residency with any recent piece of "official" mail addressed to you. This could be bank statements, utilities, just about anything. Also, if you reported them to HUD for discrimination, I'm not sure why you thought this would create better relations with your landlord. Finally, these letters they keep sending are called a "paper trail". When you get HUD involved, any smart person will make sure they have one.
- Casey YLv 78 months ago
Requesting renovations is cute, there is no requirement for them to do so.
Proof of residency...why would they need to provide this. A copy of your lease should be sufficient, along with a current utility bill.
Expect them to non-renew your lease...I wouldnt even consider continuing to rent to you and unless there is some clause in your lease...they wouldnt need to renew if they didnt want to...
- How do you think about the answers? You can sign in to vote the answer.
- MichaelLv 78 months ago
You can prepare to move out once your current lease expires after your landlord decides not to renew it.
- SlickterpLv 78 months ago
They have no obligation to provide proof of residency. They don't have an obligation to renovate either.
They don't need grounds for eviction. They just need to wait until your lease is up and then tell you they wont' renew it and you have to leave. Expect that.
- MaxiLv 78 months ago
If you have requested 'renovations' then that is not them and they don't legally have to give you notice, morally most landlords will just inform you when they are arriving, however they can enter without you being there.....YOU asked them, not the other way around.
If the renovations YOU asked for is being acdpted and done by the landlord AND the property is not fit/suitable to live in while it is being done, then of course they will ask you to move out and you either still pay rent or you pay for your own hotel/B&B while the work is done.
As you say you don't want "to obey the law" so I suggest you start looking for another property as you can be sure you will be given notice to leave and no contract will be renewed and they will evict you and once you have an eviction on record finding another landlord to accept you will be very difficult to impossible
As for withholding rent, in the places that it is legal you have to do it in a legal way and correctly and you have no legal reason to withhold rent anyway
- R PLv 78 months ago
Yes you can, especially if you want to be evicted and not be able to rent from a decent landlord for many years to come.
You can insist on 24 hrs notice of entry. But anything else you whined about is not a reason to withhold rent. Your landlord is not required to renovate the unit or provide proof of your residency to any person or company - your signature on the lease is the proof you need.
Bottom line is that you need to grow up and stop expecting everything you want to be given to you.
- BortLv 68 months ago
As per your question text you are making a boat load of mistakes here and do not know what you're doing. So your first course of action is and should be educating yourself although you cannot take back what you've already done that has likely been the wrong course of action and a mistake to do that you're going to regret.
1. The letters they're sending you is proof of residency.
2. It is fraudulent to make claims against someone that are not true. If you don't have un-deniable proof you cannot prove it therefore it is not true and therefore it is fraud and that can get YOU in trouble.
3. In most states of the US if they give 24 hour notice you cannot deny them entry. When they give 24 hours notice they are coming, you can't stop them. You're just being a pain in their a_ _ unreasonably and looking/asking for trouble. Especially if you don't have a good and reasonable reason for denying them entry.
4. You can't really take any 'action'. They own or at least manage the place. They are going to do their job and manage it whether you like it or not. You have no control over them. They control the property, you do not. You're not an owner you're renting.
5. They don't have to evict. That is a costly process for them. They can just decide not to renew your lease when it expires and they don't have to give a specific reason for declining to renew other then they decided not to. If they decline to renew you will be removed by force (cops - your local Sherrif department). You also do not have any control over their decision but you're definitely persuading any chance of renewal to be declined.
If you don't like living there for any reason you have the option of finding another place to stay and moving. That is what you should do.
Being a problematic tenant, a thorn in their side, isn't doing much of anything. They're going to get you out of their hair when your lease expires. Move out. All being a pain in their butt and problematic for them is doing is huring YOU. And your future.
- babyboomer1001Lv 78 months ago
Don't pretend that you know the law. You do not. A landlord is not required to give you proof of residency. That's YOUR job - figure it out. Your rant isn't much of a question. You failed to say what services they were withholding from you. Landlords generally do not provide services. They provide the unit you live in, and that they did. You get services from the utility companies. About withholding rent - yes, you can but the consequences may or may not work in your favor.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- Anonymous9 months ago
You need to sit down & shut up. You are the one creating problems. There is no "scrimination" they rented to you. They do not provide proof of residency. Thats on you.
You are going to have a lot of problems in life going around pretending to be a victim where you are not.
Letters are not retaliation and the only hostile environment is the one you created.