Withholding rent - untenability

[shechrissy]

What is the name of your state (only U.S. law)? Wisconsin

I recently signed a 12-month lease for an apartment to be effective August 1st. I obtained the keys on July 30th to do an inspection, take pictures and move in early. The place needed A LOT of work as far as cleaning and repairs. The landlord agreed to give me a rent credit until the repairs were finished.

The thing that is keeping me from living there is the blinds. There was one set of living room blinds that was removed, and I was informed they would not be putting in another set of blinds in its place. I have informed them -in writing- that they are required by our local city's housing code to have some sort of window covering ("Every... window... shall be capable of affording privacy"), and I am withholding a portion of my rent until they do because not having the blinds makes the apartment not liveable for me. I have been diagnosed with agorophobia and severe social anxiety.

I've taken detailed pictures of everything and have documented every conversation and gotten everything in writing, and am meeting with the building inspector. Am I justified in withholding a portion of my rent until they re-install the blinds so that I may finally move in to the apartment?

 

[seniorjudge]

HELP! Mold in apartment causing health problems- landlord won't remediate

Is this the same place?

Anyway, you have no case.

 

[shechrissy]

No, this is not the same place that had mold in it.

May I ask why? It's in violation of the housing code here, and affects the health and safety of the tenants.

 

[TheGeekess]

Drop the $20 or so it will cost for blinds. Good grief.

 

[shechrissy]

Drop the $20 or so it will cost for blinds. Good grief.

As much as I'd love to, in my lease it states that I am not allowed to make any modifications to the apartment.

 

[Gail in Georgia]

Your landlord will likely serve you with a "Pay or Quit" notice followed by an eviction notice for your failure to pay rent.

All over one window without a covering.

Gail

 

[seniorjudge]

No, this is not the same place that had mold in it.

May I ask why? It's in violation of the housing code here, and affects the health and safety of the tenants.

It's not untenability (Google); it's untenantability.

And not having blinds doesn't make it untentantable; to hold otherwise is untenable.

 

[COlandlord]

Per your own quote, it states that "every window must be capable of affording privacy". It says nothing (by your quote) that the landlord is required to provide the privacy.

 

[tranquility]

With a quick scan of the building and municipal codes of Wisconsion, I agree with COlandlord and others. There is no case here at all. Withholding part of the rent because of blinds (unless there was a specific writing regarding them) is going to get the OP evicted. I suspect the landlord will be happy if that is the end result.

Otherwise the OP seems like she is going to be a thorn in his side for a long time to come.

 

[queenofsand]

The other members have covered the legal aspects.

My suggestions are pro-active on your part: use a tension rod to hang a curtain or if the brackets remain from the old blinds use them to hang new ones. Neither are modifications as they are easily returned to original condition. There are also magnetic curtain rods that might work if the window frame is metal.

 

[ecmst12]

A set of blinds for one window costs $4 at Home Despot. If you want to be picky, withhold the $4 from your rent. Otherwise, your blinds will be yours to take with you when you move out. You need to relax though. This doesn't come close to an issue that would allow you to legally withhold rent. And hanging blinds does not constitute modifying your apartment, especially if there were blinds there before...but again, if you want to be picky, insist that they give you written permission to hang them.

 

[shechrissy]

"our local city's housing code to have some sort of window covering ("Every... window... shall be capable of affording privacy")"

Is your 'local city' the actually city the rental is located in? If not, then it doesn't mean anything. Also, what did you leave out of the rest of that quote?

--The rental is in the city where the ordinance says that every door, wall, cieling, floor, window, etc. must be capable of affording privacy.

 

[shechrissy]

Your landlord will likely serve you with a "Pay or Quit" notice followed by an eviction notice for your failure to pay rent.

All over one window without a covering.

Gail

I did recieve a notice, but that means squat in a situation where there is a dispute regarding untenability. I had previously made a partial rent payment and told them I would pay the rest after the window covering was put on. They conceeded and put it on. Now I just need to figure out how much to withhold, if it should be daily prorated or what.

The covering was what is making it unliveable, but there were several other maintenance items, such as plumbing repairs and electrical, that needed to be fixed.

 

[shechrissy]

Thanks for all the answers. I'm glad I have a place to go to so I don't screw something up legally.


- - - rod now taken out of butt

 

[Gail in Georgia]

It didn't mean squat. The rental was not untenable because of one blind missing. Your landlord replaced the blind because going to Walmart and paying $4 was, at this point, easier than continuing with an eviction.

Ironically, plumbing and electrical problems MAY be far more serious issues; however, one has to consider if you get all worked up over a blind, it may be questionable how serious any perceived plumbing and electrical problems are.

Please be aware that prorating the rest of the rent can be considered failure to pay rent and the whole "pay or quit"/eviction process can begin again.

Gail