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Mom Confessions Mom Confessions

Question for Renters or Landlords

Posted by on May. 3, 2012 at 1:58 PM
  • 52 Replies

We moved into the house we current rent on Feb 1st.  It was listed through the realtor as "3 br/2 bath 2 car garage with a fenced in yard".  The house is a new construction so the landlord/contractor had not finished fencing in the yard but said he would do so within the next week or two.  We pay $1100 a month and while I think that is fair rent for a new house in our area, we STILL DON"T HAVE A FENCE 4 MONTHS LATER!  This ia a major issue becuase we have young kids who are currently playing in the street and some neighborhood dogs have gotten in our trash twice in the last 24 hours.  My husband says we should withhold a portion of our rent due to the fence issue, but I don't know if that is fair or even legal.  Should the landlord give us a discount for this or should we hold off paying until it is done? 

by on May. 3, 2012 at 1:58 PM
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Replies (1-10):
kryptomom
by Gold Member on May. 3, 2012 at 2:00 PM
2 moms liked this

You can't withhold.  If you go to an attorney, you could pay it to the attorney to hold in an escrow account until the fence is done.

Anonymous
by Anonymous on May. 3, 2012 at 2:01 PM

 you can't hold off paying rent for that.  just keep bugging the landlord?  let them know you need a fence and that's why you rented the place!

JessiBell
by Bronze Member on May. 3, 2012 at 2:01 PM
1 mom liked this

Have you talked to your landlord about the fence issue?

It's not something I would withhold rent over. But it is something I would continue to bring up to him.

You could even call around and get a few different quotes and give them to him next time you pay rent.

babybump87
by on May. 3, 2012 at 2:02 PM
You can't withhold but you can.send.the landlord a.certifiwd.letter in the mail stating that if the issue isn't fixed within thirty days you will be.movong out. Because your landlord didn't meet all the agreements of your lease you can leave without fulfilling your lease agreement
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JerseyAirGurl
by *Ada* on May. 3, 2012 at 2:04 PM

Check your lease... Once you sign the lease it could be as-is. You can't withhold rent because of the fence. You could just keep bringing it up. I would document everything and throw in there how if something were to happen to your children (God forbid) they could be held maybe liable. Who knows if that lights a fire under them.

mandella79
by Silver Member on May. 3, 2012 at 2:04 PM

We definately would not have even looked at this house to rent if it did not advertise a fence! 

Quoting Anonymous:

 you can't hold off paying rent for that.  just keep bugging the landlord?  let them know you need a fence and that's why you rented the place!


Aeonix
by on May. 3, 2012 at 2:04 PM
I'm not 100% positive on this, but if it's in writing you *should* be able to make them finish it. If you have the property description, that could work too, if you can show that one of the reasons you went with that house was the promise of a fence.

If you just have their word, you will most likely need to prove it's a safety issue. Then depending on your state you may be able to withhold a portion of rent, or finish the fence yourself and withhold that amount from the rent up to x amount.

We had a landlord promise to refinish the hardwood flooring in a house, they never did and it started to fall apart (parquet). They couldn't charge us when we moved out because they didn't repair it as promised. He was a slumlord in the suburbs though, there were a LOT of other issues too.

Holy crap I can't type today!
littlest.angel
by on May. 3, 2012 at 2:05 PM
No, you cannot withhold rent. Maybe make a deal with your landlord about you and DH finishing the fence and taking the cost off rent?
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mandella79
by Silver Member on May. 3, 2012 at 2:06 PM

Our lease is very generic, it doesn't say anything about a fence unfortunately. 

Quoting JerseyAirGurl:

Check your lease... Once you sign the lease it could be as-is. You can't withhold rent because of the fence. You could just keep bringing it up. I would document everything and throw in there how if something were to happen to your children (God forbid) they could be held maybe liable. Who knows if that lights a fire under them.


mandella79
by Silver Member on May. 3, 2012 at 2:08 PM

This is definately a good idea.  DH could have it finished in an hour.  That is why this is so frustraiting!

Quoting littlest.angel:

No, you cannot withhold rent. Maybe make a deal with your landlord about you and DH finishing the fence and taking the cost off rent?


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