The two are not related.

Why is the sink stopped up? Send a plumber, if it's tenant caused add to the biil owed but it needs to be fixed.

Dogs get fleas. If they were not in the place 9 months ago they are his problem for sure.

We find most requests for maintenance are tied, in the tenants mind, to rent due day.

Both Tenant Lifestyle Issues.

Work it out.........

If He's not happy living there, (for any reason)

When tenants don't/won't pay rent they will often come up with excuses such as the stopped up sink thinking this justifies withholding rent until the repair issues are solved.

This also is an attempt to get the landlord off the real subject (paying rent) and onto something else (repairs, whether real or not).

Go over today to take a look at the stopped up sink. While you are there hand the tenant his 3 day (or whatever the number of days your state requires) Pay or Quit notice. It's helpful he gave you the ability to provide this to him in person.

What Gail said--perfect opportunity to hand him his POQ notice when you are there fixing the plumbing issue, and letting him know that he will also be getting billed for the treatment of the flea infestation.

Call the plumber. Meet plumber at residence. Have Pay Or Quit notice with you.

Also print our a notice of violation notice.

Wait while plumber takes care of stopped up sink. Once he does, evaluate whether tenant caused or something else. (For example, I had one stopped up because the disposer was locked up - because it was rusted inside after not being used in 2 years by tenant. I didn't charge tenant for that one.)

Once the plumbing is unstopped, issue pay or quit notice and if appropriate, bill for plumber's work. Plumber's work due in 10 days. You pay plumber, tenant reimburses you.

Also issue notice of violation for the fleas with a cure or quit.

Do it all while plumber is there, so that you have a witness. (Let plumber know you need a witness, and that if you end up needing to go to court, you are happy to pay plumber for his time.)

Howdy from a fellow Missouri land lord!

First, POQ is NOT required in Missouri, so don't mess with it. If rent is due on the 1st, you can file on the 2nd if it isn't paid.

I usually wait until the 8th, as a matter of practicality. Most Pro LL's in my town file on the 5th. I find a few extra drops of patience work, plus I'm guaranteed (almost always) to get my court date on or after the 1st of the NEXT month, so by waiting 3 extra days I get awarded a judgment for TWO months rent instead of 1. Yes, as crazy as that sounds if my court date is on Dec 30th I only get 1 month's rent even if everyone knows they won't be moved out until after Jan 1st. BUT, if my court date is on Jan 2nd, Iget all of Dec PLUS Jan. That's how my court works. YMMV.

There are very specific laws governing how tenants in Missouri are permitted to withhold rent. Google "RSMO Section 441.234.1" for full details.

In summary: they must notify you IN WRITING of the issue and allow 14 days (per the statute). You may contest the validity of the repair, and then the tenant must contact the city to document the issue and send the land lord a notice to repair. If the local municipal authority certifies that the repair is necessary to meet minimum standards of habitability, they issue you a certification and you then have 14 MORE DAYS from the date of that notice to fix. If you fail to fix, THEN and ONLY THEN the tenant can hire the repair done and pay for it out of the rent they owe you, up to a MAX of $300 withheld or half a month's rent, whichever is more. That's it.

So bottom line: you have 28 days from the first date of written notice from the tenant to make this right, and they can't hold back more than $300/half month's rent total, and must provide you with all receipts for the repair.

From what you've said, your tenant has done NONE of those things properly and is in violation of the lease and the laws of Missouri governing land lord/tenant relationships.

I would send my handyman over to fix the sink to avoid overflow and damage to the property as well as to make you look like a hero in front of the judge by going above and beyond what the law requires. I'd also immediately file eviction on this tenant. He is a troublemaker. There is no reason to try to salvage a relationship with someone who does these kinds of shenanigans.

Fleas (and all bugs) are tenant's responsibility unless you agreed in your lease to treat for them. His dog brought them in, most likely.

Best wishes!

" The two are not related. "

What nonsense!

N.C.G.S. 42-41, states that "The tenant's obligation to pay rent under the rental agreement or assignment and to comply with G.S. 4243 and the landlord's obligation to comply with N.C.G.S. 4242(a) shall be mutually dependent. "

RichE,

It applies to the comment (from NC) that "The two are not related".

Btw, I wanted to add that my personal standard is to have all EMERGENCY repairs (no heat in winter, no water, sewer backed up) resolved in 48 hours or less. I would call clogged sink a borderline emergency and have someone there as soon as I could find someone. Again, water damage can be horrible, and the last thing you want is tenants washing their dishes in the bathtub.

Moshe, if the sink is stopped up we are going to get it fixed even if the tenant is a PITA. Not for his sake but for the property's. I don't want overflowing water anywhere.

He just doesn't have the rent and is using it as an excuse. Still, fix the sink so the issue doesn't get worse.

Moshe: Where has the landlord in this situation not complied with something like N.C.G.S. 4242(a) exactly?

4242(a) has a list of things that the LL shall do. From what I can tell in this situation, even if NC law applied, he has DONE all of those things. (The one that discusses fixing plumbing issues promptly explicitly states that the LL must be informed of this problem IN WRITING -- which HAS NOT been done in this situation.)

So, at this point in time and with the information given, even in NC, I would say that WMH's comment that "the two are not related" is accurate.

Right now, the non-working kitchen sink and the failure to pay rent ARE NOT RELATED. Because no violation of something like 4242(a) -- if it were the applicable state -- has occurred.

- John...

Yesterday around 7 AM I received a call from a tenant renting a 4+3 single family home. His washing machine drain line was clogged and the kitchen disposal was leaking. He said that he hadn't sent the rent check because I hadn't taken care of these issues.

At the property I asked him how I was notified. He responded that his adult children had contacted me. They were home still in bed, 22 and 26 with no jobs. So I had their mother wake them up. I asked them to provide me with my cell phone, home phone or email address, they couldn't. Then I asked their father, how could they have given me notice if they don't have my contact information?

I asked and received the rent check, then snaked the drain line and replaced the garbage disposal.

What does he suggest you file for?

That is basically the OPPOSITE of what most Landlords here recommend and have experienced. In general, most of us say that it is almost ALWAYS better to file eviction for non-payment than for any other lease violation. Simply because there is no real argument for non-payment. They either have paid or they haven't and it is easy to prove. (Unlike lease violations where they are sometimes open to "interpretation.")

So -- unless Vermont is very, very different from most states -- that seems like pretty poor advice to me from your attorney, sorry.

- John...

Don - Sadly, none of us are surprised.

Hopefully, you only gave him until Monday to pay or quit, and gave it in front of the plumber, and the plumber can be called to testify if needed.

Please make sure you follow up with eviction ASAP.

get busy on the plumbing...water can ruin stuff fast. this is NOT a California thing unless the tenant can prove a LONG history of neglected repairs and maintenance by the landy.

we do have provisions for withholding rent in exceptional cases but it's not a thing that happens regularly. while there take him aside and explain that the rent is due and that you need the check now. if he says no, deliver the notice to pay and tell him you resent his making you do this as it makes you seem like the a - hole and you don't appreciate it.

Don,

Quick answer: when learn of the need for a repair, FIX IT quickly!

Demanding the rent before making a repair "is fightin' words" to a renter and my judge would throw the book at you.

The law says the LL maintains the property, so maintain and BE BLAMELESS. We time stamp when requests com ein, the time we called them to set an appt, and the time it was completed.

Stats say the number one reason residents do not renew is lack of response to repairs.

My "stats" are that silly little repairs become big headaches and will ALWAYS come up in court if the lease goes to eviction.

IMPT: in this age of Yelp, Facebook, and RateYourLandlord.com, our online reputation is just as important as any restaurant or car dealership. One click from a frustrated res is bad news even if they are wrong. (been there)

That said, unless your res reported these problems earlier I suggest they are looking to distract you, turn the blame on you, for an excuse to justify their lack of money.

With a good lease, A clogged drain (unless it's the main sewer line) and fleas are the res' problem UNLESS you can prove they were not a problem at move in (again, a good lease).

Autodraft: why oh why, in this new millennium, the computer age of money passing digitally from them to my account, do LLs sit and wait, HOPING their res will CHOOSE to not get a tatoo., not fix their car, or not buy more beer but pay their rent instead??

Helpful Hint: Put a ZIP IT tool in each home ($2.99). Clears clogs easily. Another excuse elminiated!

Glad to hear it worked out!

Stay strong and stay on top of this!

Mike[CA]:

" i have NEVER heard of case where a rent raise was contested as retaliatory"

I have. It is explicitly stated in the code.

" If the lessor retaliates against the lessee ... the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, INCREASE THE RENT, or decrease any services within 180 days of ...