Question regarding landlord-tenant problem
Question Details: My family and I have lived in the apartment we are in for almost six months. Our landlord has refused to give us a copy of our lease, signed on or about May 5, 2009. Due to this, I have withheld part of our rent from last month as well as this months rent. I am now facing eviction. We have also been threatened, my landlord telling us that he won't even handle it, he will, "Have his boys handle it". What are my options?
Just as there is probably a "no Offset" provision in your lease, you are not allowed to withhold rent to correct what you feel is a wrondoing by the landlord (LL) unless of course your apartment is uninhabitable (i.e. heat doesn't work in winter or plumbing backed up etc). I do not know why you need a copy of the lease so badly and can only guess that you are having some issues with the apartment and are unsure of your rights per the lease agreement, otherwise, ride out the remaining term and pay your rent in full. As suggested by another, if you are being threatened, call the authorities. If you plan on going to the eviction hearing, as I suggest you do, explain to the judge you have the balance owed on the rent but would like a copy of the lease so that you can be certain of the terms. Good luck.
1) If you are being threatened with violence, report it to the police.
2) Pay the rent you've withheld. Not getting a copy of the lease is not justification for withholding rent; it is however, ample justification for eviction--though the landlord needs to do it properly and legally.
3) Ignore the issue of the lease until and unless the landlord tries to charge you something you believe you don't owe, or otherwise impose some term or condition on you that you don't recall agreeing to. If that happens, politely tell him that if it's in the lease, you'll comply (you have to), but you need to see a copy of the lease.
