QUESTION
Can we withhold rent due to a roach infestation because of an insulation issue?
Asked on Sep 07th, 2013 on Landlord and Tenant Law - Utah
More details to this question:
We are renting a house. It was built in 1927 and is very old and the structure is not insulated and has had a broken window for 4 months. It also came with 2 Bedroom and 1 Bath and a small laundry room that has been torn down due to code enforcement issues. Because of the insulation problem, roaches from outside can get in and now we are infested with roaches. I have requested an exterminator for the past 4 months and nothing has been fixed. I also have 3 small children in the home 3 months, 2 years, 4 years. My baby has already been hospitalized due to a stomach virus. Please help I am at the end of my rope.
2 ANSWERS
You should give the landlord written notice of all of the problems and keep a copy of the letter. Say that you are either going to move out, or pay to fix everything and deduct the costs from the rent.
Answered on Sep 10th, 2013 at 10:45 AM
Estate Planning Attorney serving Spanish Fork, UT
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Your answer lies in state law and the details of your rental agreement. Utah State law does not allow you to withhold rent if something goes wrong. If you continue to stay in the residence, you must pay rent and then seek repayment for problems under the terms of the rental agreement. You may have an opportunity to claim that the landlord has breached the rental agreement and it is therefore over and you can leave without penalty. This still depends on the terms of the agreement. Make all of your requests with the landlord for repairs and extermination on paper. Date it, sign it, and keep a photocopy. To be sure the landlord gets the letter, you can send it certified mail.
Answered on Sep 10th, 2013 at 5:22 AM