You can only withhold rent if your state laws allows such a thing…most states don’t. Most states will only allow you to persue this type of mis-management in small claims court.

If you have a lease agreement with the landlord, you must read the provisions regarding this in your lease. If you signed something stating that no matter what problems arise, you will still pay the rent, you will have to pay the rent.

The landlord can kick you out or have you evicted for not paying your rent. Go to your towns public works department and explain to them your problem and see if they can get your landlord to fix the problem.

Tell the landlord that you are giving him 30 days to fix this problem, or you are leaving and will not pay him the rent is owed for however long this problem has existed.

You need to read your lease and rental agreement carefully.
To make sure that you are not bound by any funny terms in there that could make you liable for all the rent and the fixing up on the property.

That is considered a major emergency and a health hazard.

First thing in the morning, call the city code enforcement and have them guide you in the correct direction.

Raw sewage gas is TOXIC, and you can actually become ill enough to become unconscious if you breathe enough of it.

The system is backed up, and it will take actually unearthing the tank to snake it out, in order to correct the problem.

You don’t have time to consult with a lawyer, send certified letters, and all that BS. You need someone from the city to help you on Monday, and they WILL send someone if you call early enough.

I live in the Minneapolis, MN, area and I recommend you look at startribune.com (our major newspaper). Every Saturday in the homes section, there is a Q&A by a lawyer in the area of renting. I’m no expert, but can tell you what I’ve read in that column…

The people on here who have said you cannot withhold rent are correct. There are two things you should do from here…

1) Notify the landlord via certified mail that you do have an issue (for future court case)

AND

2) There is such a thing as an escrow action (or something like that)…basically what you do is somehow file with the government that there is an unresolved issue and basically, instead of paying your landlord, you pay it to an escrow account (so basically, you are still paying your rent, but the landlord will not get it until he fixes the problem).

Definitely read the columns I’ve suggested and/or consult a lawyer. But I highly recommend you do NOT just stop paying rent.

You have to formally ( in writing, certified preferred wittiness acceptable) notify your landlord of the complaint and need for repair. He has a reasonable time to respond, usually 24 hours. You can from this point withold rent until the problem is fixed. Rules vary on if and how much of the back rent you must pay back by location. I think however that you should find a new place to live. Locate a place, give notice and file a complaint against the LL and report him to the local authorities (health) as what is occurring is a health violation and possibly more. I can understand if he can’t afford the repairs, but he shouldn’t expose anyone to the health problem because of it.

Go for the main artery. Not really.

I would suggest you find another place. Pay no more rent.

I got a serious liver diease for I was in the same situation in 1970. It was Hepatitis. A very bad!!!!

You may be sued by this ass hole.

If you were my Daughter I’d kick his ass.

No you cannot hold rent. You can take them to court for the trouble and problems, but keep up the rent and stay in good standings and stay in the right.

What you need to do is contact the Health Department you are living in unhealthy conditions. They will make him fix it and maybe even slap him with a fine.

The sad truth is you cannot withhold rent because he refuses to fix or care for a problem. He can legally evict you if you fail to pay your rent (that wouldn’t be a bad thing). I too have a worthless slum-lord (landlord). The good news, is keep reporting him to the Fair Housting Authority. Even if they do not take action on your first complaint, they will get tired of hearing about your slum-lord and will take action. Keep a log of all of the times and dates you had to shower elsewhere or stay at other places. If you have to pay whomever for letting them stay with you…get a receipt and keep it. If he wants to evict you for reporting him to the housing authority you will have a strong case to defend yourself.

the landlord is responsible for this. if the environment isn’t a livable area, s/he must make it so. plus your still paying for the utilities right? that happened to us once and the landlord fixed it right away. another tenant threatened to sue, but she was kicked out. so you have to be nice. in complaints you always have to be the calm smart one. it will make you be the one who looks better. and they will listen.