Withholding rent payment
Question Details: Can I withhold rent payment without fear of penalty for landlord's failure to maintain the yard and grounds?
Typically, there is no offset provision in a lease provided by the landlord. Accordingly, you may only "offset" or reduce the rent by the amount of a repair for issues related to making the property habitable again. i.e. If in the middle of winter you lose heat, you may be able to offset the rent or if your sewage is backing into the house, you may be able to offset. If the lease specifically states that the landlord is to maintain the grounds and you have letters and phone calls to the landlord requesting upkeep per your lease, that have gone unanswered, you have an argument for why you may offset the lease. Keep a paper trail and pictures; reasonable minds will prevail.
Withholding rent is usually reserved only for habitability issues -- like water, power, heat, etc. Not maintenance of grounds.
Very bad idea, I think. Unless your idea of fun includes showing up for landlord-tenant court, there's nothing to be gained by this except aggravation. As long as we're not talking safety issues (crumbling steps, broken sidewalks, etc.), or health issues (accumulated garbage, vermin, etc.), the yard and grounds aren't habitability issues, and you run the risk of a judge's displeasure, for wasting the court's time.
