If I have some unpaid rent, can my landlord send a letter stating that if I had repairs needed I would have to pay the repair man what I owned in rent?

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If I have some unpaid rent, can my landlord send a letter stating that if I had repairs needed I would have to pay the repair man what I owned in rent?

I’m being evicted.

Asked on May 3, 2012 under Real Estate Law, South Carolina

Answers:

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

Answered 9 years ago | Contributor

Generally speaking, rpairs to a rental unit are the responsibility of the owner/landlord unless the lease states otherwise.  The rent and repairs have nothing to do with each other.  You have an obligation to pay rent; he has one to repair.  But if you need repairs and they breach a warranty of habitability you would ask a court to help and to pay the rent in to court until the repairs are taken care of.  The letter shifts the responsibility to you.  The landlord can not do that.  Good luck.


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