 with-holding rent (by MaryLouise [VT]) Dec 4, 2009 6:15 AM
 with-holding rent (by Shawn [SD]) Dec 4, 2009 6:33 AM
with-holding rent (by billy [MA]) Dec 4, 2009 6:35 AM
with-holding rent (by James [MA]) Dec 4, 2009 7:05 AM
with-holding rent (by Moshe [CA]) Dec 4, 2009 12:18 PM
with-holding rent (by Martin [MO]) Dec 5, 2009 7:09 AM
with-holding rent (by Moshe [CA]) Dec 5, 2009 1:55 PM
with-holding rent (by MaryLouise [VT]) Posted on: Dec 4, 2009 6:15 AM
Message:
State Specific Question About: VERMONT (VT)
We have a duplex that we rent out both sides. One of the tenants are with-holding rent over a oil tank issue. She went to apply for fuel assistance. The oil company that she picked came in and looked at the tank. They said that it needed to be replaced due to rust on it and the over flow and main pipe needed to be a 1/4 of a inch bigger. The other side works with the same oil company too. We went on Nov 6th mind you no rent in hand yet as it's due on the first. She said it was in the mail. Anyways we talked with the oil company and we told him that is was only surface rust as we could wipe it off. They told us to paint it over and it should be ok! and they put in 125 gallons of oil. Now supposedly she has no heat and no one will fill the tank. She is with-holding the rent until it gets fixed (2 months as of now). In the mean time we are behind on the mortgage cause of the rent not being paid. We just sent her a letter certified that if rent is not in our hans by Dec31 she will be getting a eviction notice.. Can she do this and can we too. --24.128.xxx.xx |
with-holding rent (by Shawn [SD]) Posted on: Dec 4, 2009 6:33 AM
Message:
I don't get what you are saying. The gas company was happy when you painted the tank, and they put in 125 gallons, but she has no oil? Was it the other tank that you painted?
Regardless, just fix the issue so she has heat. You can try to evict her, but the no heat issue may be a problem for you in court. If I was a tenant, I would want heat. --66.17.xxx.xx |
with-holding rent (by billy [MA]) Posted on: Dec 4, 2009 6:35 AM
Message:
i would get a guy who fixes these things and get his opinion.quick.do what needs to be done or tenants will go to board of health and u will be in big trouble.maybe try another oil co.ive never had this problem in 40 plus years. --208.58.x.xx |
with-holding rent (by James [MA]) Posted on: Dec 4, 2009 7:05 AM
Message:
Fix the problem and file for eviction. --204.155.xx.xxx |
with-holding rent (by Moshe [CA]) Posted on: Dec 4, 2009 12:18 PM
Message:
"Can she do this and can we too"?
That depends on your state laws. Rent withholding laws are already popular in many jurisdictions.
Also popular is the deduct-and-repair remedy, where the tenant can deduct from rent and use it to perform the repairs themselves. Thas of course undesirable since you dont contrl the work or the price. But check your local laws.
The court will take a dim view of a landlord who doesn't make repairs that he should. Check your own jurisdiction, but it may be a valid defense against eviction.
If you are prepared to fight out that repair is not needed and that she has no problem, go to it. But I read that VT gets cold, so you better be right.
--98.119.xxx.xxx |
with-holding rent (by Martin [MO]) Posted on: Dec 5, 2009 7:09 AM
Message:
There are very few circumstances in which rent can legally be withheld. Your attorney, to whom you should already have talked, should know these backwards and forwards. Even without knowing VT law, some things are obvious...
You must do whatever is required to allow oil to be put in the tank (I cannot whether that has been done from your post).
Waiting 3 months (it will be 3 if you wait until Dec 31) to file eviction is crazy.
If you cannot pay the mortgage without the rent being paid, you are going to make some poor decisions down the road and things will not end well. --70.129.xxx.xxx |
with-holding rent (by Moshe [CA]) Posted on: Dec 5, 2009 1:55 PM
Message:
MaryLouise,
Checking VT law, I find that Title 9, Chapter 37, section 4458 provides:
(a) If the landlord fails to comply with the landlord's obligations for habitability and, after receiving actual notice of the noncompliance from the tenant, a governmental entity or a qualified independent inspector, the landlord fails to make repairs within a reasonable time and the noncompliance materially affects health and safety, the tenant may:
(1) withhold the payment of rent for the period of the noncompliance;
(2) obtain injunctive relief;
(3) recover damages, costs and reasonable attorney's fees; and
(4) terminate the rental agreement on reasonable notice.
Also, section 4459 provides:
(a) If within 30 days of notice, the landlord fails to repair a minor defect in order to comply with this chapter or a material provision of the rental agreement, the tenant may repair the defect and deduct from the rent the actual and reasonable cost of the work, not to exceed one-half of one month's rent. The tenant shall provide the landlord with actual notice of the cost of the repair, when the cost is deducted from the rent.
Both remedies are therefore available in Vt. So the tenant can do this (withhold rent until you fix the problem) and you cannot (do an eviction).
P.S., What James[MA] suggests is illegal retaliatory eviction, section 4465 in VT.
--98.119.xxx.xxx |
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