Profile picture for bobbylsteele

Are renters required to rent if the house violates the warranty of habitability

Edit: Question should state are renters required to PAY rent...

Given what's happened here:  http://www.zillow.com/advice-thread/Renting-in-Fresno-A-C-Not-Working/454115/

Would we be in our legal rights to not pay rent for the summer months when this an issue (or even longer)?
  • August 04 2012 - US
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Answers (4)

Profile picture for RowanKenzie
First Choice Florida Villas specialize in Florida Vacation Rentals and Orlando Holiday homes near disney. Rent high quality villas in orlando, including Kissimmee and Davenport, right next door to Disney & Universal Studios and all of the theme parks and attractions in the Orlando area.
  • November 29 2012
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Profile picture for RowanKenzie
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  • November 23 2012
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Profile picture for sunnyview
You are generally required to pay rent until a court, health department or other housing agency tells you that you meet specific conditions to withhold rent or make your own repairs. If your unit is not habitable, you need to document the situation, look into the laws in your state and see if you can pay your rent into an escrow account pending the outcome of a housing complaint/housing court suit/small claims suit.

Not paying your rent at all without documenting the situation legally can set you up for eviction. As a tenant, you need to be smart and set yourself up to win a breach of contract suit against your landlord if the unit is truly not habitable.

Contact Code Enforcement if the property is not up to the laws in your state. Send the owner a registered letter with return receipt documenting the condition of the property and setting down the timeline for repairs that have been promised, but have not been done. The CA tenant guide has information on your options if the landlord fails to do needed repairs in a reasonable timeline such as repair and deduct. Know your rights and keep everything in writing from this point on to protect yourself.
  • August 05 2012
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Profile picture for wetdawgs
With the last post, we gave you links to the CA landlord/tenant guide, which informs you of your rights and offers some approaches.   Please work from that guide.

No one in a forum can advise you of your legal rights.  
  • August 05 2012
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