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What are the actions i can take if the landlord does not honor requests for service?


We have lived in this appartment for 6 months now and between then and now, we have asked them multiple times to come and take care of issues which deem the apartment as "unhabitable" per civil code 1941.1. According to section 1942, we can legally withold our rent or move out. I've witheld for 2 months, written letters to the offices and regional and still no response -written or verbal. Now, they are dangling the ever-so-popular "eviction" over our heads if we don't pay the past rents. I have told them that I refuse to pay until it is settled...however, we are so sick of the place, we are going to move out. How can i avoid the eviction process when it will take about 2 weeks to find a new place and move?

The only way you can legally withhold your rent for repairs is if you wrote them a specific letter stating that you were doing so. This is above and beyond any letters or phone calls that you made to get the repairs done.
Also, you have to either be saving the withheld rent or using it to get the necessary repairs done.
If and when they serve you with an eviction notice you need to contest it so that you can go to court and state your side of the situation.
You are going to need to bring with you any & all documents showing them that you tried to get the management company to take care of the repairs. And also that you either have the money you have been withholding or you have the receipts to show that you paid to have the repairs done out of the rent that you withheld.
As long as you have these documents no judge is going to let them evict you and put that on your record.

The first thing to do is to go to the housing authority of your state and see what are your rights as a tenant. And you need to be faster than them and call the sheriff dpt or the police and let them know what's going on. I don't know what state you live in but here in Maryland you can't evict someone without giving them at least a 30 days notice. Check and see i'm pretty sure it's the same thing there. And make sure that you have copies of all the letters you sent them when you are going to the police. They can't just evict you if you didn't fail to pay the rent but withheld it because THEY weren't doing their job. I had the same problem with my property manager (they wouldn't fix my diswasher) but when i threatened to stop paying rent, i woke up the following morning to not only a fixed dishwasher but a new one. So it's my belief that it's your right as a tenant to do it and in no way can they evict you based solely on that. So run and put the law on your side b4 they do because as you know the person who calls the police gets to do the talking when they get there. Good Luck.

Get your behind into housing court. You don't want even the beginnings of an eviction on your record. And unless your lease is expiring in two weeks as well, you'll still be liable for rent after you move out.

The court can set deadlines to get the items fixed, and protect you from financial damages from the landlord in the meanwhile. It's quick and relatively easy and cheap.

And remember, whoever has the most documentation in a clear fashion will usually win. So get all your letters, records, etc.. and get to it.

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