Can my landlord refuse to take my rent payment then evict me if is is only a partial payment I owe and he won’t fix anything?
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Can my landlord refuse to take my rent payment then evict me if is is only a partial payment I owe and he won’t fix anything?
I paid all but $30 on time then had to get my water but back on since it was cut off without any notice and I couldn’t get it on until he paid the old bill now he’s telling me to get out and not even fillingin court.
Asked on August 27, 2012 under Real Estate Law, Indiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Okay you have a lot of issues going on here. First, he can not just tell you to "get out." He has to file an eviction proceeding against you and that requires notice and a petition filed in court. Now, if your water was cut off because he did not pay the bill - and it was his obligation - and you paid it instead then he has denied you services under the law and breached the "warranty of habitability." That may be true as well if he will not fix anything. What you need to do is to go to court and start an action against him for the breach, ask the court to allow you to pay the rent in to court and for an "abatement" - reduction - in the rental amount until the matters are taken care of. Good luck.
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