Can my landlord sue me and/or put a lien on my assets for unpaid rent,if he refused to make repairs?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my landlord sue me and/or put a lien on my assets for unpaid rent,if he refused to make repairs?

We rented an apartment from this guy and after 2 or 3 weeks of moving in we noticed all these problems that were brought to his attention: a leak in the kitchen ceiling that is now growing mold over numerous tiles, water damage in the bathroom on the ceilingl, a flea infestation, flies (which we were unable to get rid of on our own no matter what we did), spiders, numersous holes in the ceiling and tape over holes in the wall. None of which were caused by us. We refused to pay him rent until the problems were fixed? Can he sue for the rent?

Asked on July 30, 2011 New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

On most states there are laws that allow a tenant to make repairs to a rented unit after the problems are broight to the landlord's attention and the landlord fails to make the required repairs. The tenant then deducts the repairs made from the amount of the next month rent and pays the landord the difference.

You apparently refused to pay the entire rent over a dispute with the landlord over the conditions of the property you are renting. Your landlord could very well serve you with a three day notice to pay or quit over the circumstances you have described. If he files suit against you and obtains a judgment, he could levy upon your assets to satisfy the judgment.

You might consider meeting with your local landlord tenant clinic about your situation.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

On most states there are laws that allow a tenant to make repairs to a rented unit after the problems are broight to the landlord's attention and the landlord fails to make the required repairs. The tenant then deducts the repairs made from the amount of the next month rent and pays the landord the difference.

You apparently refused to pay the entire rent over a dispute with the landlord over the conditions of the property you are renting. Your landlord could very well serve you with a three day notice to pay or quit over the circumstances you have described. If he files suit against you and obtains a judgment, he could levy upon your assets to satisfy the judgment.

You might consider meeting with your local landlord tenant clinic about your situation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption