If you and your landlord made a verbal agreement on repairs but he hasn’t yet to start them, can he still insist on your paying the rent?
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If you and your landlord made a verbal agreement on repairs but he hasn’t yet to start them, can he still insist on your paying the rent?
What rights as a tenant do I have to battle wtih him on court on an eviction notice? The house by my standards isn’t up to code – wiring, fire extinquishers, smoke detectors leaking roof, mold, holes in flooors, etc.
Asked on January 6, 2013 under Real Estate Law, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Ok so I am assuming you were served with a notice of eviction for non-payment of rent in that you with held the rent because he did not make repairs, correct? Go down to landlord tenant court and start a proceeding for breach of the warranty of habitability (and ask to pay the rent in to court) and then answer the petition for eviction by raising the habitability as an affirmative defense. Take pictures as proof. And you can indeed testify as to your agreement as to repairs although the fact that they are not in writing makes it a pain to prove and falls against the issue of there being a written lease. But you definitely have some leverage here. Good luck.
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