landlord/renter question

neil4ad

I have a rather minor question regarding my landlord and thought I'd put the question out to the public to get a reaction:
I am a renter of a small flat that comes with a 2-car garage (I only have 1 car, and the rent is of course priced to include the garage). Over the spring, we discovered that the ground underneath the garage had begun to sink, causing small cracks to appear on concrete floor of the garage. One side of the garage became in effect unusable, and the landlord asked me to park to the other side. Ok. I didn't complain (although I was still paying for 2 spots -- in other words there was no reduction in the rent). As was expected, the cracks spread, and now the entire garage is unusable. The landlord asked me if I would mind parking in the small, outdoor area next to the garage (I cannot park in front of it as that would obstruct other vehicles).

I agreed, and for one night parked next to the garage. The next day, when I returned from work, another car was parked in that outdoor spot. I called the landlord, and he had forgotten that he had promised someone else that they could have that outdoor spot. He also responded to my questioning by telling me that he doesn't know when the garage will be fixed. It could be anywhere from 2-6 weeks.

Accordingly, I sent him an email asking if I could have a small reduction on my rent for one month-- only $50 -- given that our rent includes garage access. In principle this seemed reasonable to me. $50 (thankfully) isn't going to make a great difference to me right now, but it seems ridiculous to me that I should continue to pay for services that are not accessible. The landlord has somewhat disagreed, suggesting that this problem was not caused by his error -- so that therefore it is unreasonable for me to ask for any break.

On my end, I feel that if he could give me a clear date by when the work would be completed (and if it could be sooner rather than later), I might have been more flexible.

I imagine that a few of you rent places out. What do you think?

Doodlewhopper

Dont ask, deduct $50 from rent and send the check.

AKosky585

I dont think that you should have to pay for a garage that is unusable. If the landlord asked you NOT to use it, then you should definitely get a break in rent until the garage is fixed and usable again. Don't taken no for an answer.

meshashesha2012

i think you'd have to first check out the rents of similar places (size, location, amenities inside the apartment) in your area that DONT come with garages. if those rents are essentially the same then no, i wouldnt give you a break on the garage since it's an extra perk.

i know a few places where people are charged extra in rent for parking privilege so in those cases yeah they can reasonably ask for a rent discount when the spot becomes unavailable.

Alsison

Usually the rental agreement specifies whether or not parking is included. Do you have an agreement? If you do then he would be in breach of this agreement and you would be legally in the right, although whether or not it is worth the cost of pursuing it is obviously up to you...

I am not sure where you are from, but where I am, there is free help available to tenants through the Residential Tenancy Branch.

I hope some of this helps. Good luck.

Cheers,
Alsison

AlishaDTM

As a Property Manager, I definitely will say you have a right to ask for a deduction in your rent until the garage is repaired. Unfortunately, the owner of the building has the right to also decline.
More than likely there is a clause somewhere that states you are unable to offset rent against items needing repair. For this reason, I would NOT automatically deduct the amount requested from your rent, as you will leave yourself open to incurring possible late fees. If your lease agreement specifically separates the charge of the garage, you definitely have a case and a JP judge would rule in your favor, should you decide to pursue the matter further. HTH!

just4nessa

I would suggest to first look up tenant laws for your state; where I live if a portion of the property is unusable, the tenant does not have to pay for the unusable portion until is is restored to a usable state. It may not be the landlord's fault but it's not yours either. If you're continuing to pay for something that is in need of repair, he has no incentive to make the repairs. Research rents for comparable properties both with and without parking and deduct a fair amount for the loss, enclosing a letter outlining the basis for the deduction. That way if you end up in court, you'll at least have made the effort to be reasonable.

LMT2012

I would also send the check less the $50.00. However, if you are not incurring any additional expense and only inconvenience and on priciple. it might not be worth the *kitten* storm. The landlord may well not have the funds or intention to fix the garage floor for a long time as that can be a really expensive proposition.
I'd try sending the lesser rent one month and see the response, while simultaneously looking for another apartment.

concordancia

Dont ask, deduct $50 from rent and send the check.

Know you local laws! Most urban areas have a tenants' rights organization that can help you.

In the state of TX, you do not have the right to do this. I am now a homeowner, after learning that I did't have any rights, even with a leaky roof that dragged on for months.

Also, if you might move if this drags on, put it in writing now. Any rights you may have are contingent on the dates of written complaints.

DoreenMartell

Hi, I am an apartment manager in Alberta, Canada. The Residential Tenancy Act states that if anything is taken away that was originally included in the rent, it is considered a rent increase which is not allowed unless it has been a year and a new lease is issued that does not include that service.

laurenmaybe

It completely depends on what your local landlord-tenant laws are. In Oregon, it would be legal for you to withhold rent until the problem was fixed, but only if you have documentation in writing of your complaint to the landlord showing that it hasn't been been fixed in "reasonable" amount of time since you notified them (1-2 weeks), AND if the garage is written into your lease as part of the property for which you are paying. You would also have to be prepared to go to small claims court with them over the money (or if they try to evict you), but with proper documentation you wouldn't have a problem winning. Again, I can only speak for Oregon, as laws are different everywhere.

Doodlewhopper

Dont ask, deduct $50 from rent and send the check.

Know you local laws! Most urban areas have a tenants' rights organization that can help you.

In the state of TX, you do not have the right to do this. I am now a homeowner, after learning that I did't have any rights, even with a leaky roof that dragged on for months.

Also, if you might move if this drags on, put it in writing now. Any rights you may have are contingent on the dates of written complaints.

Yeah, Ive heard that I didnt have the right to do things before, but this is why we have courts. I just dont see a court deciding that the tenant should bear the burden on this.

I believe this situation falls under something called "constructive breach". (Im not a lawyer) Basically, the landlord agreed to provide a property that included a 2 car garage for a specific price. He has failed to do that and has now negated the agreement.

Years ago I rented a duplex while waiting to move into my home. The landlord kept jerking around on having the air conditioner repaired & it went kaput on the weekend. I called a serviceman out and paid him, then deducted the amount from the rent.

The landlord called and raised hell. He then contacted a lawyer & then tried to evict me. He soon realized he didnt have any recourse.

darkguardian419

As a (future) landlord, I would have zero issue allowing something like that. If your current has an issue with something as trivial as that, I would start looking elsewhere.

SkimFlatWhite68

What does your tenancy agreement say?

I imagine it's going to spell out what you are renting and would include the garage. As the garage is not able to be used due to a property issue (NOT your issue) then yes, a deduction is in order. Better still, a reduction in rent will encourage the landlord to get it fixed a lot faster, otherwise you will be waiting months and paying more than you are legally bound.

Get an expert opinion from someone in your area.

I don't think you are being at all unreasonable.

NormInv

Have you considered converting that space into a meth lab?

gonnamakeanewaccount

Dont ask, deduct $50 from rent and send the check.

This.