If you and your landlord made a verbal agreement on repairs but he hasn’t yet to start them, can he still insist on your paying the rent?

Get Legal Help Today

 Secured with SHA-256 Encryption

If you and your landlord made a verbal agreement on repairs but he hasn’t yet to start them, can he still insist on your paying the rent?

What rights as a tenant do I have to battle wtih him on court on an eviction notice? The house by my standards isn’t up to code – wiring, fire extinquishers, smoke detectors leaking roof, mold, holes in flooors, etc.

Asked on January 6, 2013 under Real Estate Law, Tennessee

Answers:

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

Answered 8 years ago | Contributor

Ok so I am assuming you were served with a notice of eviction for non-payment of rent in that you with held the rent because he did not make repairs, correct?  Go down to landlord tenant court and start a proceeding for breach of the warranty of habitability (and ask to pay the rent in to court) and then answer the petition for eviction by raising the habitability as an affirmative defense.  Take pictures as proof.  And you can indeed testify as to your agreement as to repairs although the fact that they are not in writing makes it a pain to prove and falls against the issue of there being a written lease.  But you definitely have some leverage here.  Good luck.


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