Under what conditions can I withhold part or all of my rent payment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Under what conditions can I withhold part or all of my rent payment?
The building I have my business in is in a strip mall and I have been here for 5 years. For the last 2 years, there has been a sewage smell in my office off an on, but for the last 3 weeks, it’s been consistent, everyday when I turn up my heat to 71 degrees. Property manager has been notified numerous times within the last 2 years with phone calls and emails about the issue however all attempts to fix the problem have failed. We are on our 3rd property manager. I can’t take the smell anymore and due to the nature of my particular business, other people are affected and its affecting my business.
Asked on December 3, 2011 under Real Estate Law, Iowa
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately for you in a commercial lease setting that you have for your business, you cannot withhold any part of your monthly rental owed your landlord. The way to resolve the problem that you are having with the sewage smell would be to have the health department and your local permit and building department make an inspection of the property to ascertain of there is a health or some other problem resulting in some issuance of a citiation to the owner or some other business for the smell.
Until that happens you have to pay the rent unless your lease is coming to an end and your want to relocate.
I would also speak with your landlord about the problem and see what else can be done to resolve it and if you will be afforded a rent reduction. If that does not help, I suggest that you consult with an attorney experienced in commercial leases.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.