We live in a townhome where garbage is included in our rent (its on the contract), but a week ago the dumpster disapeared and our landlord will not answer phone calls and hasnt given us any clue as to why its not there. We have no where else to dump trash in our complex and its becoming quite a problem. Rent is due next week and im tempted to not give him all the money until he can hold up his part of the contract...is this legal?
The answer depends upon the state that you're located in, along with what is stated in your legal agreement. BTW, Louisiana follows Napoleonic Law, not Brittish Law, so, there's a good chance that whatever would apply in a different state, might be entirely different in Louisiana.
Also, whether or not one can withhold rent, depends upon the circumstances. For example, in many states, if a landlord FAILS to provide a basic service, the tenant might be able to have the city declare that the premises are not inhabitable - which would be cause to exercise an insurance claim on a renters insurance policy, within its Loss Of Use provisions - provided you have renter insurance and also pay for the Loss Of Use for an amount necessary to sustain your family until the situation is remedied.
Even if the above isn't the case, many states (and even lease agreements) allow that if a tenant pays for a necessary expense (such as the landlord's water bill, or some other services-related bill - even certain repair bills) whenever the owner SHOULD have paid this bill - then, the amount paid can TYPICALLY be deducted from the rent. Under ZERO circumstances should you withhold payment of rent from your landlord...but for an amount that you have already paid out, that the landlord was obligated or should have known that they had to pay (such as water/sewer, garbage collection, and the like). In other words, if you withhold an amount, and the landlord actually tries to take you to court over it, the judge needs to be able to easily look at the situation and laught the potential plaintiff (your landlord) out of the court.
Again, no sure what state you are in. I'm not anywhere near as versed in Napoleonic Law as British Law...so, if you do live in Louisiana, perhaps you can check with a legal services organization that helps out people who rent from landlords that might not be upholding their end of the bargain.
Also, does your lease agreement specifically state that the landlord is obligated, per the lease, to provide garbage collection services? If it doesn't indicate this on your lease - and, the landlord has been providing this for you, then they might legally have the right to stop providing this for no additional cost to you.
Also, are you paying the homeowner fees, rather than the landlord? I thought that this was not legal in many states.
i have to agree...
i know that in NY if your Landlord was doing something out of the blue, like this for instance the place to complain about it was to 311....Not sure what it is in your area...but they cant just leave you with no dumpster!
You actually cannot legally withhold rent - doing so can result in your eviction. However, get in touch with your landlord and tenant board or, I believe in Louisiana, it's the Consumer
Protection Hotline: 1-800-351-4889.
shoot, i'd just dump all my trash in front of his house, he owns the dumpster, hes the dumpster man! muhahaha >:)
lol..I doubt city laws would allow her to do that - she'd end up with a fine in her mailbox.
Hmm. I dunno. Over here the county collects the trash and they provide the cans and stuff.