Should we have to pay rent right now???

[TMNTCkins]

We moved into our rental house on Saturday. Sunday morning our leach fields flooded and so did the septic tank. We can't take showers, wash dishes or use the bathroom. We have to go to my parents house to take showers, wash dishes etc, nothing can go down the drain. There is a bathroom in a old house that's on the property that we can use the toilet but no shower, it's freezing in there and the roof leaks becasue of a big hole in it. A total pain! I asked the lanlord what he wanted to do about the rent for next month (due next Friday) and he asked me what my thoughts were. Do I tell him that we should not pay until we can use the bathroom and sinks (that's what I feel)? Not sure where to go on this one. We have not rented for the last 13 yrs. It could be another 1-2 week before the septic is fixed and we are able to live like normal in the house.
Any adivice or input would be great!
Thanks

 

[TMNTCkins]

I should also say that we did pay rent for the last two weeks in March.

 

[SourRoses]

Well since the landlord asked you, which was nice, I would be thinking..... A home without plumbing is just not livable at all and not sanitary either... so absolutely I would ask him for free rent for the total time you have/will deal with this issue. Thats what I would ask for, and insist on. But legally, and Im not sure on your state, but here in FL and many other places... You cannot actually legally withhold rent based on these issues. The court would say that you cannot breach your side of a contract, just because the landlord has breached theirs, without prior approval from a judge. So if you ever did want to withhold rent, you would actually need to pay it first, then take him to court, and ask for it back, which the judge will most always grant. Plus any damages or expenses you incurred because of this breach of a contract. I just wanted to let you know that part, just in case it ever got that far. But yes, he does sound nice enough in that he asked you, so I would positively ask for free rent until this is fixed. And offsite facilities dont count!
Sorry you have to deal with this! What a pain!

Edited to clarify a little, because what I wrote didn't make that much sense to me LOL... the withholding rent/taking him to court part would be if he did not agree with you... if he did agree, then obviously no problem with not paying it.

 

[PineappleMama]

Legally I'd think a rental property wouldn't be considered habitable without working water and drainage... add in the outright yuckiness of this (as opposed to a gray water issue) and I'd for sure say no rent until the home is habitable.

 

[SourRoses]

Just mentioned this to my Mum... and again, dont know what your state laws are... but she says that here in FL, if something is in question, you actually have to pay the rent into the court, into a special account, for the duration of your claim/the time you would claim. Otherwise you cant get it back.

 

[HHandbasket]

If you lived here in Sacramento, your landlord would be in violation of the building codes. You would still have to pay your rent, but the landlord would have to pay to put you up in a hotel or comparable living accommodations until he effects the repairs on your primary residence to make it livable. If he does not, you can tell him IN WRITING that you are not paying rent until it is fixed. And legally, he cannot charge you rent in a house that does not have running water, appropriate heat, or access to electricity.

But it's different from state to state and even from county to county (or in the case of Louisiana, parish to parish). Look up the fair housing laws online for your local county and find out what you should do.

 

[bgelber]

Here in Alabama, after you tell the landlord that you have a problem they have ten days to fix it. They can get in trouble if they don't.

I do believe that you do have to pay rent. One thing you do need to do is document what is going on keep a copy for yourself and send your landlord a certified copy that he has to sign for. Leave a paper trail about the problem in case of future issues.

 

[debilorrah]

Quote:
This is what I was going to say. My co-workers water was out and the landlord had to pay for a hotel for him and his wife for over a week.

 

[kevin2010]

I Would Say Not A Home Without Water Is Not A Suitable Home For Anyone...

 

[TMNTCkins]

Thanks everyone. They are really nice people and I'm sure they will make it right, but I just want to know what I'm talking about before I say anything. We are in Valley Springs CA, 30 min east of Stockton. I did email him back and gave my thoughts like he asked. I don't think we should have to pay until it's able to be lived in (use bathroom, & sinks). We will see what he says. I have a huge paper trail. I have had 6 different company's out to see what can be done and all but one said the ground has to dry up before they can make proper drainage.
We will see what happens.

Thanks Again