Should I deposit my rent with the courts?
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Should I deposit my rent with the courts?
I live in a large apartment building and the central air conditioner is constantly breaking down. And when it is “working”, it hardly cools my unit. I have complained to the building manager several times and he laughs it off and does nothing. I have upper respitory problems and I need an air conditioner that works properly. Can I threaten to deposit my rental payments with the courts or is there something else I can do? I’m sure I’m not the only tenant that is complaining.
Asked on June 30, 2012 under Real Estate Law, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord as you have done and the landlord is required to respond within a reasonable time by making the necessary repairs. Not all maintenance problems rise to the level of a breach of the implied warranty of habitability, but not having air conditioning in the hot weather when you have health problems, you could argue is a breach of the implied warranty of habitability.
When the landlord fails to respond within a reasonable time to a breach of the implied warranty of habitability by not making the necessary repairs, the tenant has the following options: The tenant can make the repairs (hire someone to make the repairs) and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction (withholding rent does not mean depositing it with the court). Another alternative is to sue the landlord for breach of the implied warranty of habitability. You could also contact the local housing code inspector, who could bring an enforcement action against the landlord for housing code violations.
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