Submitted by Key_Celebration7107 t3_xxih5s in vermont

Long story short: I was given an eviction notice for withholding a portion of rent because when I moved in there was a massive mouse infestation, flies everywhere, the property was disgusting, shit in the toilet, broken window, broken floorboards, etc. I spent days cleaning up and felt I had the right to withhold some money from the first month's rent. I have documented everything from start to finish with photos, etc. The landlord is a slum lord and apparently treats many tenants poorly.

Any recommendations/advice, please?

TIA!!!

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greenmountaingyal t1_irca57z wrote

This is a tough one. Did you communicate with the landlord about the grossness? Do you have it on record? Did you put the rent payment into an account (yours) and didn’t touch it? Having photos is very important, but just withholding without the right steps won’t fly in court.

You can feel you have the right all you want (and honestly, ew. Of course you’d want to withhold!) but there’s a way to go about doing it.

As much as landlords like to claim tenants have all the rights, I’m pretty sure the last couple of years have proven otherwise.

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Key_Celebration7107 OP t1_irccj93 wrote

I have communicated many many times to landlord about how disgusting it was and the amount I have cleaned. This is all in writing via email. In fact, before I arrived I outlined how important it was for the premises to be cleaned. He even told me on the phone that he could potentially give me some money back for the work I have done but now is going back on that. (unfortunately I don't have that part in writing). Pretty much everything is on record though. I have the city health inspector and fire marshal cite them for violations as well and I think they would back me in court too.

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Unique-Public-8594 t1_ircel7w wrote

Frustrating. I get it but for it to stand up in court I would think you need to agree in writing to rent reduction for work done - he knows that.

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thisoneisnotasbad t1_irf611h wrote

For it to stand up in court, the state needs to say it is a violation. The tenant does not get to make that call, even with pictures.

Was there a written violation and action plan by the city health inspector and fire marshal? Usually before any citation is actually given they are given an amount of time to remedy any issues. Did that happen?

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Trajikbpm t1_ircan8d wrote

Well documenting everything was a good move.

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EAR120662 t1_irccdhk wrote

Tenants can withhold rent for major health code violations after they’ve given notice to the landlord regarding the violation and the landlord has not made the necessary repair or alteration. Tenants can also seek injunctive relief and recover damages, costs and reasonable attorney’s fees

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Key_Celebration7107 OP t1_irccqjy wrote

They have not repaired or corrected all health code violations cited on them. Good to know!

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Deuce-anda-half t1_irfkl0j wrote

Shit in the toilet? 😂😂 Damn, your landlord doesn’t give a damn

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