Eviction and hazardous living enviroment

[Sad tenant]

What is the name of your state? Connecticut

I have a non working stove that has been tagged as hazardous by our gas company that is currently still in my home when it should of been removed on nov.of 2017.I have baseboard heaters that cannot be touched because they ignite with spark and have caught fire.Just recently had our local fire department install smoke alarms because landlord kept stalling and I was gove a copy of that report.Broken windows that were promised to be replaced when I moved in but havent.Black mold spreading in my bathroom over the shower stall that Ive tried everything to remove but still there.Also all of a sudden a roach infestation that has appeared out of nowhere now they come in thru our electrical sockets.And today came home from work seeing my kitchen ceiling leaking because of neglectful tenants above that would not allow anyone into their home. I understand I shouldnt be withholding rent but I have been trying to save it so I can move out. I have photos and videos of everything and my landlord only cares about the rent payment but bypasses my complaints.I have a asmatic daughter with life threatening food allergies an I also suffer from anxiety and ptsd and adhd.This has triggered me so much that I am finding it harder and harder to concentrate at work while knowing my daughter is home alone with these conditions.I have court tomorrow and dont know what to expect but would like some advice if ot can be given. I want to move out but have no family or no where to go. Any help on this would be greatly appreciated.

 

[Just Blue]

What is the name of your state? Connecticut

I have a non working stove that has been tagged as hazardous by our gas company that is currently still in my home when it should of been removed on nov.of 2017.I have baseboard heaters that cannot be touched because they ignite with spark and have caught fire.Just recently had our local fire department install smoke alarms because landlord kept stalling and I was gove a copy of that report.Broken windows that were promised to be replaced when I moved in but havent.Black mold spreading in my bathroom over the shower stall that Ive tried everything to remove but still there.Also all of a sudden a roach infestation that has appeared out of nowhere now they come in thru our electrical sockets.And today came home from work seeing my kitchen ceiling leaking because of neglectful tenants above that would not allow anyone into their home. I understand I shouldnt be withholding rent but I have been trying to save it so I can move out. I have photos and videos of everything and my landlord only cares about the rent payment but bypasses my complaints.I have a asmatic daughter with life threatening food allergies an I also suffer from anxiety and ptsd and adhd.This has triggered me so much that I am finding it harder and harder to concentrate at work while knowing my daughter is home alone with these conditions.I have court tomorrow and dont know what to expect but would like some advice if ot can be given. I want to move out but have no family or no where to go. Any help on this would be greatly appreciated.

For Gods Sake! Move to a shelter and get out of the death trap! How old is your daughter?

 

[Sad tenant]

For Gods Sake! Move to a shelter and get out of the death trap! How old is your daughter?

My daughter is 19 but has mental health and medical problems. And the shelter does not have space and have been living paycheck to paycheck so i have no money for motel room nor do I have family. I also have severe anxiety an just reaching out to this forum is difficult for me.

 

[reenzz]

Since you failed to follow CT law on withholding rent, expect to be evicted. The law states that if the landlord fails to satisfy their legally required duties, an tenant may submit a detailed complaint to the local Housing Court to compel the landlord to satisfy their duties, and then arrange to pay rent into a court-controlled escrow account. If the landlord fixes the violation, they may request the termination of rent payment into court. The court will decide how to distribute any money held, and may order rent returned to the tenant. See 47a-14h for details. (§§ 47a-13 and §§ 47a-4a and §§ 47a-7(a) and §§ 47a-14h)

 

[Sad tenant]

My daughter is 19 but has mental health and medical problems. And the shelter does not have space and have been living paycheck to paycheck so i have no money for motel room nor do I have family. I also have severe anxiety an just reaching out to this forum is difficult for me.

I am a single mom and hard worker and do not recieve any state assistance only medical assistance.I am trying to teach my daughter that hard work is good work and not rely on funds from the state if not needed.But I'm slowly finding it more and more difficult to live so poorly

 

[Sad tenant]

Since you failed to follow CT law on withholding rent, expect to be evicted. The law states that if the landlord fails to satisfy their legally required duties, an tenant may submit a detailed complaint to the local Housing Court to compel the landlord to satisfy their duties, and then arrange to pay rent into a court-controlled escrow account. If the landlord fixes the violation, they may request the termination of rent payment into court. The court will decide how to distribute any money held, and may order rent returned to the tenant. See 47a-14h for details. (§§ 47a-13 and §§ 47a-4a and §§ 47a-7(a) and §§ 47a-14h)

Yes I completely understand the repercussions of withholding rent.thank you for your information. Appreciated.

 

[reenzz]

Yes I completely understand the repercussions of withholding rent.thank you for your information. Appreciated.

With no other place to live and no family in the area, why would you withhold rent knowing that it would likely end in an eviction? What exactly is your question?

 

[Gail in Georgia]

As previously stated, some states do allow you to withhold rent BUT ONLY BY FOLLOWING VERY SPECIFIC GUIDELINES; in this case, placing rent in a court-controlled escrow account. Failure to do so means you are facing an eviction due to failure to pay rent.

For what it's worth, my state has the same requirements. I just had the same experience with a tenant who failed to pay rent, claiming I failed to address her requests for repairs but could produce no documentation of such requests in court AND failed to place the rent in an court-controlled escrow account. In other words, the implication to the court was that she didn't mind living in the rental with these issues just as long as she could do it for free.

The end result? Her eviction took place today.

Gail

 

[Sad tenant]

As previously stated, some states do allow you to withhold rent BUT ONLY BY FOLLOWING VERY SPECIFIC GUIDELINES; in this case, placing rent in a court-controlled escrow account. Failure to do so means you are facing an eviction due to failure to pay rent.

For what it's worth, my state has the same requirements. I just had the same experience with a tenant who failed to pay rent, claiming I failed to address her requests for repairs but could produce no documentation of such requests in court AND failed to place the rent in an court-controlled escrow account. In other words, the implication to the court was that she didn't mind living in the rental with these issues just as long as she could do it for free.

The end result? Her eviction took place today.

Gail

This is my first apartment ever and my first time dealing with the court system i do have copies of emails and did mail my landlords written detailed complaints about these issues but nothing was done. I did not know that I had to also had to place a written complaint with the housing court. But am prepared to pay what is owed or move. As I am unfamiliar with the process, I wanted some information on what to expect. But thank you gail for your comment.

 

[Sad tenant]

Since you failed to follow CT law on withholding rent, expect to be evicted. The law states that if the landlord fails to satisfy their legally required duties, an tenant may submit a detailed complaint to the local Housing Court to compel the landlord to satisfy their duties, and then arrange to pay rent into a court-controlled escrow account. If the landlord fixes the violation, they may request the termination of rent payment into court. The court will decide how to distribute any money held, and may order rent returned to the tenant. See 47a-14h for details. (§§ 47a-13 and §§ 47a-4a and §§ 47a-7(a) and §§ 47a-14h)

With no other place to live and no family in the area, why would you withhold rent knowing that it would likely end in an eviction? What exactly is your question?

I withheld rent so I can take it to court with me since i was unaware that i had to leave it in court escrow. But I do have reports from our fire marshall and health department for non compliance on landlord

 

[Sad tenant]

I withheld rent so I can take it to court with me since i was unaware that i had to leave it in court escrow. But I do have reports from our fire marshall and health department for non compliance on landlord

also reenzz Thank you for responding.

 

[reenzz]

I withheld rent so I can take it to court with me since i was unaware that i had to leave it in court escrow. But I do have reports from our fire marshall and health department for non compliance on landlord

Reports mean nothing since you failed to follow the law. You also shouldn’t count on the landlord allowing you to stay if you offer to pay rent in court tomorrow. If he does allow you to “pay and stay”, you will also have to pay all back rent, late fees, court costs and the landlords attorney fees. Good luck tomorrow and let us know how things went in court.

 

[Gail in Georgia]

This is true. Court fees are often tacked on to this. Does your lease address late fees? And this rent should be in cash; not a check, credit card, etc.

Gail

 

[Sad tenant]

This is true. Court fees are often tacked on to this. Does your lease address late fees? And this rent should be in cash; not a check, credit card, etc.

Gail

No it does not address late fees. And i usually pay with a money order. I am at court and was told by a lawyer that because i did not have smoke alarms and they were installed by our local fire department i might not owe rent. But seeing as that i would like all the issues within the home address in order to stay if not i will leave solely on the basis it is not safe.

 

[HRZ]

IF you fail to follow the published rules then your LL may well win .