Can a landlord require a tenant to pay rent on time when they have not fulfilled their obligations?
Question Details:
Our condo complex has 7 units and over a month ago our mailbox (this is a large box that all our 7 units use) was stolen and the post office says it is the owners that need to replace it. They were notified of this situation and said that they would take care of it when they returned from vacation on 9/15; they still have not done so. Is it legal to not pay our rent until they replace it?
Real Estate Law Answers
This can be very dangerous. Withholding rent puts you in violation of a material term of the lease and may make you subject to eviction. Even if the landlord is in violation of a term of the lease, this is usually not recommended, since only rarely, in a few specific conditions, and only when done absolutely properly is a "rent strike" legally justified.
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