Not paying rent if my landlord will not make the neccessary repairs

Georgia

Do i have the right not to pay my rent if my landlord will not make the neccessary repairs on my apartment such as a leaking roof and tubs?

[halema25]

in most states you must pay rent but you can actually sue the landlord for the cost of the repairs if you have them done especially iof the lease says the landlord would do those repairs. and if it goes too far you can get trebl damages ie tripple the security and rent for the months that you were constructively evicted from. and constructive eviction does fall under unlivavble conditions and feeling of being unsafe!!

The correct answer depends on your actions to this point and the laws of your state. Before you can consider not paying rent to the LL, you must have made a written request for the repairs to be made. Without a written request (keep a copy of it) you have to proof he even knows about it. You need the proof. Then you must allow him time to make the repairs. Small leaks can be considered emergencies in some areas (to be repaired within 72 hours) or only necessary repairs (to be completed within 30 days) in other states. You need to wait this amount of time as determined by your state law after giving written request before you can think of rent withholding, repair and deduct, or terminating.

Next, you need to know state law on your available remedies. Rent withholding is not legal in all states. 12 states have no law to allow this. Most others only allow this in situations that affect your ability to inhabit the unit. If the leak isn't severe enough to force the place to be uninhabitable, you may not be able to rent withhold. If it is, rent withholding does NOT mean that you stop paying rent. It only means that you pay the clerk of court or their special account any rent oin the day it is due instead of the LL. Failure to pay the court the rent can get you evicted. The clerk notifies the LL that they have the rent and he can petition the court for it once he makes repairs.

Another remedy that may be available to you is repair and deduct. In this you have the repairs made yourself, and deduct the amount from the next rent. Send the LL a copy of the receipt to show the amount deducted. This is not legal in 17 states though, so you need to know your state law.

Other states give you the right to terminate your lease and move out if the LL fails to repair after giving the proper written notice.

Please post your state for more information on what is available in your area.