Withholding Rent From Landlord?

Let's say that there is a residential lease between a landlord, and a tenant. The lease is a written contract signed, acknowledged, agreed, and notarized between the tenant, and the landlord. The lease is for the tenant to lease a small condo from the landlord for $1,000.00 per month for a term of 12 months or 1 year. The tenant accepts the lease, and takes possesion of the condo. The tenant pays rent on time for the first 5 months. Then, on the sixth (6) month, the tenant fails to pay the rent. The landlord contacts the tenant for as to why the tenant has not paid rent. The tenant replies to the landlord with a bunch of excuses for nonpayment such as: 1. I'm waiting on a check from a work project I finished. 2. I have a bad heart condition, and have been in the hospital. 3. My wife's brother has just passed away. He lives in North Dakota. We had to attend the funeral last week. 4. I'm waiting for my son to give me some money. 5. I'll call you Monday morning to discuss this. The tenant makes these different excuses each time the landlord confronts the tenant as to why the rent has not been paid. The landlord then states, "I understand that these are difficult economic times. If you can't afford the rent, I am more than willing to let you break the lease early, and return your security deposit if the place is in good condition. Is there anything I can do to help you?" The tenant replies, "No. I have no intention of breaking the lease or leaving." The tenant then evades the landlord for another week. The tenant then pays the rent on the 28th day of the sixth (6) month, when the rent was due on the fifth (5) day of each month as per the written lease contract. Then during the seventh (7) month, the tenant again fails to pay the rent. The tenant completely avoids the landlord does not return telephone calls, emails, and letters. Then at the end of the seventh (7)month, the tenant contacts the landlord, and complains about construction that was taking place around the condo. The tenant complains about some minor dust conditions from concrete work that was being done near the condominium. However, the tenant stated that he would handle the matter himself. The landlord apologizes, and states that he would look into the matter to see if anything needed to be corrected. The tenant then sends the rent check late on the 29th twenty ninth day of the seventh (7) month when the rent was due by the fifth (5th) day of each month. However, when the tenant paid the rent on the 29th day it was $300.00 short or deficient. Instead of receiving $1,000.00 the landlord only received $700.00. Keep in mind that the construction or concrete work that was being done was not ordered by the landlord, and was done on a building near the condo. The landlord discovers that a set concrete stairs were being restored, and painted near the condo from the condominium association. This restoration work was actually done or took place during the fifth (5th) month of the lease, and only lasted 3 days. The tenant never complained about any construction work being done during the fifth (5th) month. Keep in mind that no other tenants or residents or neighbors complained about the work that was done. Then during the eight (8th) month, the tenant again fails to pay the rent. After repeated calls, emails, and letters the tenant responds back to the landlord. The tenant then states, "We need to discuss about getting some reductions on the rent amount. There are ants, a couple scrapes on the walls, and a/c thermostat doesn't work right sometimes. I was thinking it would be appropriate for you to reduce the rent by $400.00 for this month." The landlord disagrees with the tenant's suggestion, and gives the tenant notice that he is going to inspect the condo. The landlord then inspects the condo, and finds no such problems with the condo. The landlord then issues a three (3) day notice served on the tenant to either pay the rent or vacate the premises. The tenant then fails to pay the landlord the rent within the alloted 3 business days, and pays the landlord 2 days after the alloted 3 business days. The landlord rejected payment from the tenant, and returned the check back to the tenant. The landlord then files an eviction proceeding with the local court. A hearing is set to either grant or deny the eviction by a judge. During the hearing, the judge rules in favor of the tenant because he paid the rent even though it was two days beyond the alloted 3 day notice. The tenant then again fails to pay the rent for the 8th, and 9th month. The landlord then files another 3 day notice on the tenant to either pay the due rents, or vacate. The tenant then threatens the landlord with a major civil lawsuit if the landlord doesn't allow the tenant to stay at the condo for the remainder of the lease. The tenant states that his wife got pneumonia from the dust conditions that were created from the restoration work that was done during the 5t 5th Fifth Month. Does the tenant have the grounds to keep withholding the rent? The tenant wants to stay at the condo for free for the remainder of the lease. The tenant keeps threatening the landlord that he already has a civil lawsuit filed, and that the landlord will be served shortly. The tenant has paid 1 month's rent $1,000.00 as per the 2nd second 3 day notice that has been served onto him. However, states that he strongly disagrees and will sue. As mentioned before, I had filed an eviction proceeding with the county court. Attended the hearing, and the judge would not evict them because they paid the rent even though it was 2 days beyond or after the 3 Day Notice. The rent payment I received after this 3 Day Notice was rejected, and returned back to them.

4 months ago - 4 answers