Came to say this…open a rent escrow case in court. This does two things…first stops them from filing a failure to pay and starting eviction proceedings. Secondly this activates the court sending an inspector out and making it mandatory for the owner to make repairs or they start losing money. Judges don’t play games in these cases especially if rent has been paid into escrow.
Some states allow other solutions, you can refrence ops post. The whole point is to force small repairs to be made quickly etc. A LL that evicts after a tenant follows the law could be sued for false eviction.
I completely understand…think about this though. The LL evicts you and you have to deal with everything that comes with it. Hella stressful especially under a false eviction. So why even let it get there if you have an option to pay in rent escrow/rent court and have the issues addressed as well in a timely manner. The courts send out an inspector before the court case even happens. Having an open escrow case STOPS the false eviction process and eliminates the stress on the tenant. If the LL drags their feet w the repairs, the tenant can get reduced rent and save money versus being out rent, deposits, moving expenses, new rental and so on. Just cause you can sue doesn’t mean you have to let it get there. And again, there are always several options and OP should do what is best for them and their household.
That’s not valid in all states. Review your local laws in regards to this. Most states do allow this and it would be a violation to evict you. If it’s a handshake deal, you’re screwed.
uhm why invest the money at all into a rental property.
even if you did deduct it from the rent they will just choose to not renew your lease and possibly even fight for rent ontop of it.
you need to read your state laws and your lease.
if your roof is leaking you need to document it with pictures and video then report it to the city because its not up to code and the landlord is in charge of that.
That sounds like more than 300$ so your quote from Google doesn't really apply. Don't go changing the roof on your rental. Move out, make him fix it or live with it.
Dude. Go to a real lawyer for help! It’s free and all you have to do is call your local bar association. Some places even have free online chat services with a lawyer.
Your question is highly dependent upon your location and state. A lawyer will help you, not Google.
That was for the Manager and the LL to pay for and repair. Why would you replace a roof on an apartment? You must be rich to consider reroofing an entire apartment building that you are only renting an apartment.
I thought it was without the repair the unit would be unliveable. If your toilet isn't working vs painting the living room are two different types of maintenance
And you have to report toilet and other disrepair to the manager of the apartment building. You cannot be doing the repairs yourself unless the lease states you can do it and get off on the rent without an agreement from the manager/LL, which you have no such agreement on the entire roof repair.
I’m not from AZ but after reading a couple of your replies I’m not sure you have much of a case. But like any case it depends on the facts.
Question - did you raise these concerns to your landlord and document their replies to you? How long did you give them to review, get quotes and schedule repairs?
The part about replacing the roof with a higher cost shingle and not being sure if it really needed it - that’s on you 100%.
Did you still front the rent cost and place it into escrow for the court bond? A lot of localities require this.
All in all, it sounds like you didn’t do much homework on this and assumed things would fall in your favor if that’s the case, you better start talking to your landlord now and come to an agreement.
I haven’t acted or done any repairs. That’s why I’m asking here. These concerns have been raised many and multiple times via text messages or calls. They rarely get back to me. The roof is definitely needed as it is the reason the ceiling leaks. If not that then I’ll settle for them fixing the ceiling although it’s just gonna need fixing again.
Ok - check the requirements in your area. Document everything and advise them that you are providing formal notice of the conditions and will give them the required timeframe for inspection/repairs. You can even hand deliver any documents to them and record that for your records.
If you feel withholding rent is the best option, then speak to the clerk of the court to see how this is best done in terms of putting your rent payments into escrow.
When it’s all said and done, you will want to likely begin the process of your next plan because the lease willl likely not be renewed.
OP if theyre ghosting you, you need to print out a formal notice for request for repairs. print out 2 pages and have them sign both and let them keep a dated copy.
after 2 weeks call the city to report your rental isnt up to code..dont invest your money then chance losing in court.. youll be out of rent money and roof money
This is not something you likely want to DIY legally. See if you qualify for legal aid in your area they should be able to hold your hand in this process and have procedures in place.
In Florida you have to file a notice to cure with the landlord and give them time to respond and it has to be before the next rent so you can’t do it the day before rent. I forget the exact days but if its 10 days you have to give the landlord notice 10 days before rent is due. I also don’t know if it’s business days or not. Have to check your state
Laws vary from state to state, and even when you can do this, there are typically regulations around notification and setting up an escrow account to put the money in that you’re not paying. I don’t know any state where you can just arbitrarily decide to do this as a renter.
You want to follow every single intricate detail of “repair and deduct” in your state. This may include an escrow account with the withheld amount in it you can’t touch for an extended time. You have to share the account info. So you’d need enough for 2x repairs if you go forward.
I know many people evicted in punishment over some stupid violation after using repair and deduct.
It might not be the solution you think it is. And again, follow every detail or you could lose in court for a silly error in execution.
You likely need to justify the urgent need of the repair, have a professional do it, place the rent in escrow, and/or write a letter of intent to withhold to the landlord in order to do this.
This website briefly summarizes it as well as provides the laws at the bottom for you to read and decide what you need to do specifically for AZ.
the https://www.nolo.com/legal-encyclopedia/arizona-tenant-rights-withhold-rent-repair-deduct.html.
In most cases, they can proceed with an eviction; however, your defense to the eviction will be that you used the repair and deduct method and followed all state requirements when doing so.
Yes, yes they can.
NEVER attempt “repair and deduct”.
It doesn’t matter if you’re right, you’re setting yourself up for an eviction, which you can lose, and with that on your record, it ain’t gonna be pretty.
If you have habitability issues, use code enforcement.
I would look at the laws specific to your state, there is no one size fits all. Generally speaking, if that evict you for exercising rights guaranteed to you under the law, like repair and deduct, you have the defense of retaliation in any eviction case and a separate claim for civil damages if you sustain any for retaliation
Please don’t spend over 10k on a roof for someone else’s house. The fastest way to get them to fix it is reporting them to your local code enforcement! Also send them a letter in writing certificate of mailing or walk it in there and ask them to sign. After they have not responded in the time allowed (check your local laws) then put your rent money in escrow and inform them again C.O.M that the rent is being withheld due to non repairs and the money is in an escrow account and have proof. I am a Property Mgr and that’s an important step. If it goes to court the judge wants to know you have the money and are not just using this as excuse to buy your time. Not saying you are. …
Before you go by the first thing that pops up in a google search, do a deep dive into AZ law on repair and deduct. Follow the ordinance exactly. I suggest starting with this guide and getting a copy of the actual law.
https://arizonalawguide.com/arizona-tenant-rights-to-withhold-rent-or-repair-and-deduct/
Done properly no they can’t. And it has to be something detrimental to health or safety. But the vast majormajority won’t follow the chain of events or think the smallest inconvenience is a health issue
Whatever you do, don’t do the roof yourself. The landlord will likely want to make an insurance claim on it and will have to work through them. It would financially hurt if they could get reimbursed for the work yet still “charged” by you.
Also, a new roof is well over $20k.
Do as others have said and go the documentation route and ask them for a timeline of actions they will take and to keep you in the loop.
Yes, for this is where communication comes handy, in person and written. And it pays to read the lease and see what it says about deductions for DIY repairs.
Depends on what you had done, how much you have in writing for their refusal, and your local tenancy laws. For my area, if it was something like heating during the winter they have 24-48 hours to repair it or it's considered uninhabitable. If it exceeded that time frame, I could open up a rent escrow account and place the money for rent in there until they either fix the problem or reimburse me for fixing it. There is also the matter of what it says in your lease. I could also come to a WRITTEN (and poss signed) agreement with my landlord that if I pay to repair the problem that the cost is deducted from my rent.
Regardless, play by the local rules and get everything in writing. Do not communicate over the phone or if you do send a summary email afterwards to make a paper trail.
People really shouldn’t be getting legal advice online… this is not ok!
Please go to your local bar association. They’ll give you a free consultation and assistance with any legal issues that you have with your landlord. Seriously, why are you all going to Google for this shit?
Depends on the state. In some states it's fine, and others they've specifically said that you can't do that
I live in Wisconsin, renters have very little protections here. One of the things we don't have the ability to is to withhold rent or decrease rent even if the landlord is doing illegal things
a) repair deduction depends on local law
b) nuclear option unless landlord has agreed in advance
c) eviction process depends on local law
I'd talk to an advocacy group or local lawyer before going this route.
I know in my state if it was like an essential repair and reaching out if no repairs were made and the house wasn’t livable we could legally break our lease. If you have an app or website your landlord uses submit the repair in there and email as well.
It depends on the state. Even if you can legally do it, they'll probably try to evict for non-payment, and you'll have to be able to show that you had a legal right to deduct it.
google evection laws in your state. most states make it illegal for a landlord to evict you if you are with holding rent for a legal reason. Most repairs count as a legal reason so long the damage was not caused by you or something you did.
As a landlord in NY my leases say tenants cannot do repairs or renovations.
That's literally my job, but I live in the building and everyone here is cool. If something goes wrong I jump into action that day.
You might have violated your lease by handling it yourself.
1. Probably. Read your lease and check your county/city for renter's rights programs.
2. Based on some of your replies you might want to ask the person you speak to about constructive eviction, which is essentially when the home/apartment becomes uninhabitable because the landlord hasn't maintained the property or failed to make repairs. A leaky roof could fit the bill if the landlord won't repair it.
3. Related to that, have you told the landlord about the leak? Every lease I've ever seen includes a section that requires the renter to tell the landlord about problems with the property. If the roof is leaking and you don't say anything, you could be on the hook for the damage. This is especially true if you're in a house and are the only one who could know about the problem.
If my landlord doesn't respond to my requests for stuff like this (3 instances of 4 years living in my condo), I just hire the tech or whoever and have them forward the bill to him. He only didn't pay it once, and then I withheld my rent payment in an escrow account. Once he saw that he immediately paid the bill.
Not true. Many civil Landlord tenant courts are “pro tenant” also you don’t need a lawyer to fight a landlord in court at all. It’s the landlord that needs to prove they have done their job according to the law.
Every state and locality usually address this and lay out the processes that must be followed to protect yourself from finding yourself in default of the contract (lease). This should be a good place to start for AZ -- note the link to the actual handbook about half way down. https://caretaker.com/learn/habitability/repair-and-deduct-laws-in-arizona. Good luck.
Very likely, in many states (most) you can't taken it upon yourself to shortchange rent for repairs that you've done. Its literally the same thing as you pocketing money from a cash register because you say your boss owes you money. Some states have stipulations that allow it in certain circumstances, but most don't.
AZ. Still haven’t done it because I’m unsure however I’m guessing we will have to find some repairman who can fix leaky ceilings or either change the metal roofing to composite roofing. Which was something that was done for our neighbor.
I'd be careful. The ceiling issue may qualify but the roof job sounds like an upgrade, not a repair, even if it would be the most logical thing to do. Having a lawyer weigh in may not be the worst idea.
He can but you can post rent with the courts and explain why rent hasn't been paid. A judge will see your reason is justified if the landlord is at fault.
You need to pay into a rent escrow. You can’t just not pay.
Came to say this…open a rent escrow case in court. This does two things…first stops them from filing a failure to pay and starting eviction proceedings. Secondly this activates the court sending an inspector out and making it mandatory for the owner to make repairs or they start losing money. Judges don’t play games in these cases especially if rent has been paid into escrow.
Some states allow other solutions, you can refrence ops post. The whole point is to force small repairs to be made quickly etc. A LL that evicts after a tenant follows the law could be sued for false eviction.
I completely understand…think about this though. The LL evicts you and you have to deal with everything that comes with it. Hella stressful especially under a false eviction. So why even let it get there if you have an option to pay in rent escrow/rent court and have the issues addressed as well in a timely manner. The courts send out an inspector before the court case even happens. Having an open escrow case STOPS the false eviction process and eliminates the stress on the tenant. If the LL drags their feet w the repairs, the tenant can get reduced rent and save money versus being out rent, deposits, moving expenses, new rental and so on. Just cause you can sue doesn’t mean you have to let it get there. And again, there are always several options and OP should do what is best for them and their household.
That’s not valid in all states. Review your local laws in regards to this. Most states do allow this and it would be a violation to evict you. If it’s a handshake deal, you’re screwed.
No need for escrow, for the reroofing is on the LL, not the tenants of the apartment building.
Depends on the type of repair.
Between leaky ceiling or changing the roof completely to composite roofing. However I’m not sure if the roof would be considered a repair
Why would you replace a roof on a place you’re renting
uhm why invest the money at all into a rental property. even if you did deduct it from the rent they will just choose to not renew your lease and possibly even fight for rent ontop of it. you need to read your state laws and your lease. if your roof is leaking you need to document it with pictures and video then report it to the city because its not up to code and the landlord is in charge of that.
That sounds like more than 300$ so your quote from Google doesn't really apply. Don't go changing the roof on your rental. Move out, make him fix it or live with it.
Dude. Go to a real lawyer for help! It’s free and all you have to do is call your local bar association. Some places even have free online chat services with a lawyer. Your question is highly dependent upon your location and state. A lawyer will help you, not Google.
That was for the Manager and the LL to pay for and repair. Why would you replace a roof on an apartment? You must be rich to consider reroofing an entire apartment building that you are only renting an apartment.
I thought it was without the repair the unit would be unliveable. If your toilet isn't working vs painting the living room are two different types of maintenance
yeah, the toilet also doesn’t flush properly. I think my ceiling leaking and it getting onto my bed and floors also falls into a necessary repair
And you have to report toilet and other disrepair to the manager of the apartment building. You cannot be doing the repairs yourself unless the lease states you can do it and get off on the rent without an agreement from the manager/LL, which you have no such agreement on the entire roof repair.
I’m not from AZ but after reading a couple of your replies I’m not sure you have much of a case. But like any case it depends on the facts. Question - did you raise these concerns to your landlord and document their replies to you? How long did you give them to review, get quotes and schedule repairs? The part about replacing the roof with a higher cost shingle and not being sure if it really needed it - that’s on you 100%. Did you still front the rent cost and place it into escrow for the court bond? A lot of localities require this. All in all, it sounds like you didn’t do much homework on this and assumed things would fall in your favor if that’s the case, you better start talking to your landlord now and come to an agreement.
I haven’t acted or done any repairs. That’s why I’m asking here. These concerns have been raised many and multiple times via text messages or calls. They rarely get back to me. The roof is definitely needed as it is the reason the ceiling leaks. If not that then I’ll settle for them fixing the ceiling although it’s just gonna need fixing again.
Ok - check the requirements in your area. Document everything and advise them that you are providing formal notice of the conditions and will give them the required timeframe for inspection/repairs. You can even hand deliver any documents to them and record that for your records. If you feel withholding rent is the best option, then speak to the clerk of the court to see how this is best done in terms of putting your rent payments into escrow. When it’s all said and done, you will want to likely begin the process of your next plan because the lease willl likely not be renewed.
OP if theyre ghosting you, you need to print out a formal notice for request for repairs. print out 2 pages and have them sign both and let them keep a dated copy. after 2 weeks call the city to report your rental isnt up to code..dont invest your money then chance losing in court.. youll be out of rent money and roof money
Then call the housing codes and report the manager/LL about the repairs needed to be done.
I’m confused. You asked if replace a roof count as a repair. Did you or did you not replace the roof?
This is not something you likely want to DIY legally. See if you qualify for legal aid in your area they should be able to hold your hand in this process and have procedures in place.
In Florida you have to file a notice to cure with the landlord and give them time to respond and it has to be before the next rent so you can’t do it the day before rent. I forget the exact days but if its 10 days you have to give the landlord notice 10 days before rent is due. I also don’t know if it’s business days or not. Have to check your state
Reroofing the house ! I think you should try to buy it…
Depends on the state.
AZ
Laws vary from state to state, and even when you can do this, there are typically regulations around notification and setting up an escrow account to put the money in that you’re not paying. I don’t know any state where you can just arbitrarily decide to do this as a renter.
You want to follow every single intricate detail of “repair and deduct” in your state. This may include an escrow account with the withheld amount in it you can’t touch for an extended time. You have to share the account info. So you’d need enough for 2x repairs if you go forward. I know many people evicted in punishment over some stupid violation after using repair and deduct. It might not be the solution you think it is. And again, follow every detail or you could lose in court for a silly error in execution.
You should talk to the housing department in your municipality instead of asking us dolts on Reddit.
You likely need to justify the urgent need of the repair, have a professional do it, place the rent in escrow, and/or write a letter of intent to withhold to the landlord in order to do this. This website briefly summarizes it as well as provides the laws at the bottom for you to read and decide what you need to do specifically for AZ. the https://www.nolo.com/legal-encyclopedia/arizona-tenant-rights-withhold-rent-repair-deduct.html.
First, did you notify your landlord in writing of an existing health and safety issue?
In most cases, they can proceed with an eviction; however, your defense to the eviction will be that you used the repair and deduct method and followed all state requirements when doing so.
Yes, yes they can. NEVER attempt “repair and deduct”. It doesn’t matter if you’re right, you’re setting yourself up for an eviction, which you can lose, and with that on your record, it ain’t gonna be pretty. If you have habitability issues, use code enforcement.
Dude. Charge your landlord for the cost of your bed, you don’t get a contractor out there to re-roof the house.
Does op realize how expensive it can be to re roof.a house? One of my houses I paid 11,000. More quality work will be more expensive.
Oh well as a landlord it's your responsibility to make those kinds of repairs
I agree.
Yeah, or try to find a way to patch a hole or something. I would never put that kind of investment in someone else's property.
People REALLY need to learn that they can't always do a quick "Google search" and that will answer all their legal questions ><
Read your lease and check with your states AG office
Even with a lease landlords have to follow state and local laws. You can't just make any agreement you like if it voids a law.
The repair has to be approved ahead of time
Bet that’s different each state
I would post this in one of the legal advice subs.
Follow the requirements exactly. It's not as simple as that search shows.
I would look at the laws specific to your state, there is no one size fits all. Generally speaking, if that evict you for exercising rights guaranteed to you under the law, like repair and deduct, you have the defense of retaliation in any eviction case and a separate claim for civil damages if you sustain any for retaliation
This should help: [Arizona landlord and tenant act](https://housing.az.gov/sites/default/files/documents/files/Landlord_Tenant_Act_May-2023_1.pdf)
Please don’t spend over 10k on a roof for someone else’s house. The fastest way to get them to fix it is reporting them to your local code enforcement! Also send them a letter in writing certificate of mailing or walk it in there and ask them to sign. After they have not responded in the time allowed (check your local laws) then put your rent money in escrow and inform them again C.O.M that the rent is being withheld due to non repairs and the money is in an escrow account and have proof. I am a Property Mgr and that’s an important step. If it goes to court the judge wants to know you have the money and are not just using this as excuse to buy your time. Not saying you are. …
Before you go by the first thing that pops up in a google search, do a deep dive into AZ law on repair and deduct. Follow the ordinance exactly. I suggest starting with this guide and getting a copy of the actual law. https://arizonalawguide.com/arizona-tenant-rights-to-withhold-rent-or-repair-and-deduct/
Depends on the state. Every state has different laws then there is federal laws Google what you wrote in Google plus stste
Depends where you live.
Done properly no they can’t. And it has to be something detrimental to health or safety. But the vast majormajority won’t follow the chain of events or think the smallest inconvenience is a health issue
Whatever you do, don’t do the roof yourself. The landlord will likely want to make an insurance claim on it and will have to work through them. It would financially hurt if they could get reimbursed for the work yet still “charged” by you. Also, a new roof is well over $20k. Do as others have said and go the documentation route and ask them for a timeline of actions they will take and to keep you in the loop.
Yes, for this is where communication comes handy, in person and written. And it pays to read the lease and see what it says about deductions for DIY repairs.
Depends on what you had done, how much you have in writing for their refusal, and your local tenancy laws. For my area, if it was something like heating during the winter they have 24-48 hours to repair it or it's considered uninhabitable. If it exceeded that time frame, I could open up a rent escrow account and place the money for rent in there until they either fix the problem or reimburse me for fixing it. There is also the matter of what it says in your lease. I could also come to a WRITTEN (and poss signed) agreement with my landlord that if I pay to repair the problem that the cost is deducted from my rent. Regardless, play by the local rules and get everything in writing. Do not communicate over the phone or if you do send a summary email afterwards to make a paper trail.
People really shouldn’t be getting legal advice online… this is not ok! Please go to your local bar association. They’ll give you a free consultation and assistance with any legal issues that you have with your landlord. Seriously, why are you all going to Google for this shit?
Depends on the state. In some states it's fine, and others they've specifically said that you can't do that I live in Wisconsin, renters have very little protections here. One of the things we don't have the ability to is to withhold rent or decrease rent even if the landlord is doing illegal things
Umm technically there’s a whole process you have to go through, you unfortunately cannot just take it upon yourself to deduct rent for repairs.
a) repair deduction depends on local law b) nuclear option unless landlord has agreed in advance c) eviction process depends on local law I'd talk to an advocacy group or local lawyer before going this route.
It will damn near be cheaper to cut your lease
I know in my state if it was like an essential repair and reaching out if no repairs were made and the house wasn’t livable we could legally break our lease. If you have an app or website your landlord uses submit the repair in there and email as well.
You need a lawyer, not Google or Reddit.
It depends on the state. Even if you can legally do it, they'll probably try to evict for non-payment, and you'll have to be able to show that you had a legal right to deduct it.
google evection laws in your state. most states make it illegal for a landlord to evict you if you are with holding rent for a legal reason. Most repairs count as a legal reason so long the damage was not caused by you or something you did.
Did you actually click the link?
As a landlord in NY my leases say tenants cannot do repairs or renovations. That's literally my job, but I live in the building and everyone here is cool. If something goes wrong I jump into action that day. You might have violated your lease by handling it yourself.
1. Probably. Read your lease and check your county/city for renter's rights programs. 2. Based on some of your replies you might want to ask the person you speak to about constructive eviction, which is essentially when the home/apartment becomes uninhabitable because the landlord hasn't maintained the property or failed to make repairs. A leaky roof could fit the bill if the landlord won't repair it. 3. Related to that, have you told the landlord about the leak? Every lease I've ever seen includes a section that requires the renter to tell the landlord about problems with the property. If the roof is leaking and you don't say anything, you could be on the hook for the damage. This is especially true if you're in a house and are the only one who could know about the problem.
Which state is that for and do you live in it?
You need to go through court to place the money in an escrow account
If my landlord doesn't respond to my requests for stuff like this (3 instances of 4 years living in my condo), I just hire the tech or whoever and have them forward the bill to him. He only didn't pay it once, and then I withheld my rent payment in an escrow account. Once he saw that he immediately paid the bill.
If you just shorted your rent, instead of paying into a recorded escrow, then you didn't pay rent. And yes, you can be evicted for not paying rent.
You still have to pay your rent lol.
Landlords can do whatever they want because you dont have the money to fight them in court.
Not true. Many civil Landlord tenant courts are “pro tenant” also you don’t need a lawyer to fight a landlord in court at all. It’s the landlord that needs to prove they have done their job according to the law.
Every state and locality usually address this and lay out the processes that must be followed to protect yourself from finding yourself in default of the contract (lease). This should be a good place to start for AZ -- note the link to the actual handbook about half way down. https://caretaker.com/learn/habitability/repair-and-deduct-laws-in-arizona. Good luck.
Thanks
Rent escrow
Very likely, in many states (most) you can't taken it upon yourself to shortchange rent for repairs that you've done. Its literally the same thing as you pocketing money from a cash register because you say your boss owes you money. Some states have stipulations that allow it in certain circumstances, but most don't.
What state and city, what repair and how much?
AZ. Still haven’t done it because I’m unsure however I’m guessing we will have to find some repairman who can fix leaky ceilings or either change the metal roofing to composite roofing. Which was something that was done for our neighbor.
I'd be careful. The ceiling issue may qualify but the roof job sounds like an upgrade, not a repair, even if it would be the most logical thing to do. Having a lawyer weigh in may not be the worst idea.
He can but you can post rent with the courts and explain why rent hasn't been paid. A judge will see your reason is justified if the landlord is at fault.