More details to this question:
My landlord issued me notice today terminating my now month-to-month rental agreement. This is due to discussions surrounding raising the rent because they had to make repairs to my leaking roof. I was told in an email that they need to raise the rent because I, in effect, have forced them to make repairs to the home which frankly is just basic home maintenance. Now they are harassing me to cover the repairs in an ongoing lease agreement or they will terminate my residency. This is after 5 years here with an excellent rental history. Meanwhile they have violated numerous landlord/tenant laws including this one (i.e showing up on property without proper notice, failure to make requested repairs after multiple requests in writing etc.) . Do I have any recourse at all?
1 ANSWER
If your lease is a month-to-month lease, either party to the agreement can terminate the lease with a minimum of 30 days notice for any reason or no reason, other than for discrimination of a protected class (i.e. race, religion, sexual orientation, etc.). So long as your landlord has given you 30 days notice of not renewing the lease, and termination isnt based upon discrimination, you have no recourse for the termination of your lease.
For failing to make repairs, if the repairs are related to the health, welfare, safety, or habitability of the rented premises, your recourse is to withhold rent and deposit it with the local municipal court until the repairs are done, or you can pay for the repairs yourself, and deduct the cost from the rent. You cannot do this just for any repairs. The item needing repair must be necessary for the health, welfare, safety, or habitability of the property (i.e. broken window, leaking roof, no water, sewage back-up, etc.). If the item needing repair does not affect the health, welfare, safety, or habitability of the leased premises (i.e. broken cupboard door, stain on carpet), you cannot withhold the rent.
Answered on Feb 11th, 2013 at 1:01 PM