How can I prevent eviction if I’m beingsued for making a rent deductionon repairs that I paid for?

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How can I prevent eviction if I’m beingsued for making a rent deductionon repairs that I paid for?

I am renting a condo and recently received an eviction notice from my landlord (for deducting a few hundred dollars from my last rent payment due to A/C repairs that I paid out of pocket). The landlord is stating that all repairs should be completed by him. The rental agreement I signed does not state anything about repairs. I have contacted the landlord on several occasions requesting that the A/C (and many other items in my condo) be fixed but it always seems to not work after a few days. So I decided to hire someone myself to fix it and it has worked perfectly ever since. How can I prevent my credit score from being negatively affected? Do I need to hire an eviction attorney? In Kenton County, KY.

Asked on August 18, 2011 Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I can surely understand your frustration here about getting things done. But generally speaking, you can not deduct the repairs from the rent.  What you should have done is to go to landlord tenant court and request that you be permitted to pay your rent in to court until the problems are fixed and for an abatement of the rent for the time that were not working.  Then the court would make sure that things were properly done. I would consult with an attorney in your area.  If the landlord accepted the rent with the deductions that may have a bearing on his case.  But someone needs to read the lease agreement for you.  Good luck.


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