Why Not Leave if An Apartment Is Uninhabitable?

Discussion in 'Landlord & Rental Property Questions' started by Rainman, Jun 20, 2015.

  1. Rainman

    Rainman Senior Investor

    Joined:
    Jun 2014
    Posts:
    1,587
    Likes Received:
    4
    I've heard of tenants who refuse to pay rent citing "uninhabitable apartment" as the reason why they won't pay rent. Despite making such allegations, they never are in a hurry to leave knowing that laws favor tenants most of the time. If an apartment really is uninhabitable would someone with a legitimate complaint "hang around?" Wouldn't they be out fast and demand a refund or something?
     
  2. crimsonghost747

    crimsonghost747 Senior Investor

    Joined:
    Mar 2014
    Posts:
    1,722
    Likes Received:
    6
    uninhabitable and 'uninhabitable according to the law' are two very different things. And surely anything is better than being out in the street? Especially if they can manage to stay there for free for some time.
     
  3. Nujabes

    Nujabes Member

    Joined:
    Jun 2015
    Posts:
    10
    Likes Received:
    0
    Well, you definitely have to think about the people that're in this position. More often than not, the landlord is a dead-beat, or they just don't have the money to make these repairs. Plus, just up and moving out can be expensive - especially when you consider the different economic classes in the U.S. If one is poor, or even lower-middle class, it might be tough to straightly move out and find somewhere new to live. And hey, free housing is better than costly housing.

    I do think, however, that if you have family or friends to move in with - it'd be better than staying in a place that's so bad that you can claim it's uninhabitable. That way, you have time to gather your bearings and find a new place to stay.

    It's all about the person declaring this. Some people are very sincere about it, and others have malicious intentions. There are so many factors to consider, it's crazy!
     
  4. missbishi

    missbishi Well-Known Member

    Joined:
    Jan 2015
    Posts:
    347
    Likes Received:
    2
    If you want to move into a rental property in the U.K., you will be asked for a security deposit, which tends to be a month's rent. You'll then be asked to pay the first month in advance. That's a lot of money to lay out initially and this may well be beyond the financial scope of most people.

    So my take on this is that people simply cannot afford to move out. Laws do favor tenants and so people know that they are within their rights to demand accomodation which presents no health hazards.
     
  5. CoolCat

    CoolCat Member

    Joined:
    Jun 2015
    Posts:
    22
    Likes Received:
    2
    I think this is a big part of it. If the landlord isn't upholding their end of the contract by providing the level of quality that they are legally required to, then you shouldn't uphold your end by paying rent. The other part is that a lot of people who rent in areas where that can be a common problem do not have the resources to go elsewhere, especially if their current landlord is likely to provide a terrible reference if contacted. If the landlord disagrees about the state of the apartment and takes you to small claims court, you could be stuck with the rent on the bad apartment you moved out of on top of the rent at wherever you've moved to in the meantime.
     
  6. pwarbi

    pwarbi Senior Investor

    Joined:
    May 2015
    Posts:
    1,028
    Likes Received:
    5
    People that live in accommodation like this, often don't have anywhere else to go, so having a roof over your head, however uninhabitable it is will always be better than living on the streets.

    Surely its not too much to ask that a landlord keeps to his end of the contract and makes any repairs necessary?
     
  7. crimsonghost747

    crimsonghost747 Senior Investor

    Joined:
    Mar 2014
    Posts:
    1,722
    Likes Received:
    6
    It shouldn't be too much to ask but often landlords to neglect their duties. I personally have seen a situation where "yeah I'll get it done" took months. A lot of people are renting out their old apartment and using the cash to pay for their current mortgage or alternatively are leveraged through the roof with their investment properties.. can be tough to get these people to fix things fast if it's something that will cost more than a couple hundred.
     
  8. Corzhens

    Corzhens Senior Investor

    Joined:
    May 2015
    Posts:
    933
    Likes Received:
    0
    Repairs of the apartment should be done at once for the benefit of the tenant. When there is something wrong and being a bother to the tenant, he can demand to the landlord. And that situation of non-repair cannot be used by the tenant to skipping rental payments. In the rental agreement, it is clear that the landlord would provided a pleasant and habitable dwelling in exchange for the promised amount of rent that the tenant would pay. Very clear.
     
  9. Penny

    Penny Well-Known Member

    Joined:
    Jun 2015
    Posts:
    223
    Likes Received:
    1
    Moving costs money, assuming there is even a place to move to. IMHO if the complaint has merit, it has merit and suggesting they should just move out is simply trying to evade responsibility. I see nothing intrinsically wrong with tenants under contract choosing to insist that the landlord comply with the law. Just as landlord should have the option of making tenants comply with the law and the contract they agreed to--a task that is often equally or even more arduous.

    Occupancy is a trump card for a tenant, they would be foolish to give it up easily.
     

Share This Page