When I moved into my apartment 3 years ago, the landlord advised me that the stairs to my apartment were shakey and that he would have them replaced, well its been 3 years and they are getting worse, so far I had three of the lower stairs break, which he fixed by going to home depot and buying another piece of wood. This morning the last plank of wood to my landing just before you step down to the steps fell when my fiancee and I were leaving for work. he was about to step down, when the wood fell and it caused him to twist his leg and ankle, which swelled immediately. I took him to the er for x-rays and the ankle has a bad sprain and some tissue damage to his knee. My landlord's wife saw what happend because she was in the driveway, she never asked what had happened or if he was ok. she just went inside her house and pretended nothing happend and didn't answer the door when I went to tell her (just incase she didn't see) I called my landlord (who is out of state for work) and left him a message telling him what happend. I left to go get my fiancee some Motrin and as soon as I left he said my landlord's wife came upstairs and told him "We know what is going to happen and we have insurance for that BUT I already called our attorney and because the apartment is only in her name you will have a hard time if you sue and if you do sue we can and will evict you" We have no intentions of suing, aside from the problem with the shakey stairs, we love my apartment, its 2 bedrooms and the rent is very cheap and includes all utilities including cable, we just want the stairs fixed and the hospital bill paid. Now that I got the entire story out, here is the question. I still have the rent money for April (the husband wants me to give him the money directly and he has been gone so I am still holding it until he gets home just like he requested) can I hold back on paying him until he fixes the stairs and can I take a portion of the money to pay towards the hospital bill that I know is going to come in? Thanks in advance for any advice/help

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~~~~**Maryann**~~~~

I just got a firm grip on reality....
Now I can strangle it

I would contact an attorney about it. I don't believe you can hold back money because you *think* the landlord is responsible. If you do, then you are giving them a reason to evict you (you didn't make your full rent payment). Just like if you fall at the grocery store and hurt yourself, you have to file a report out and deal with the attorney's and you get reimbursed or go to their doctors. The landlord isn't going to fork up the cash out of the goodness of his heart (unless he's a very good person...sounds like the wife isn't). Anyway, I would try for a consult with an attorney. I don't know if you would have to sue or not but you want to make sure you are doing things correctly

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Proud to say I haven't shopped at a Wal-Mart since Sept 2003

As a landlord, I can tell you: Do Not Withhold the rent! That will cause a 'pay or quit' notice to be issued. Pay the rent, then deal with the other issues.

I would take pictures of the condition of the steps immediately. Keep any 'proof' that you have from when you notified the landlord that the steps are deteriorating, (hopefully you did this in writing). It doesn't matter that he is not on the lease, guests are covered. If they do not pay the ER bills, take them to small claims court. You will need evidence to prove your case. You could also call the city you are in and see if the place is up to code (my city requires a landlord license the rental properties and have strict codes to follow). This will probably tick them off though, and I wouldn't recommend it if you want to continue to live there.

Are you on a lease or a month to month tenant? Rules vary by state, but the landlord can give you notice to vacate without a lease for no specific reason. If you have been a good tenant, paid on time, no problems, they would be stupid to do that but it would still be legal.

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"It's not about how much baggage you have, it's about whether or not you can carry your own baggage with grace and dignity."

Jeeplady gave you very good advice. You cannot withold the rent for something like this. I had a similar situation in college with a broken water heater. I would have LOVED to withold the rent! LOL! But you simply can't. You have to deal with it seperately. Keep documents and pictures. Also, there are usaully some type of tennant's rights groups that will be able to help you in understanding and dealing with this. . .maybe call the city or DSHS and ask. I can't see any reason why you wouldn't win if you took them to small claims court.

ETA- If you really love that apartment and don't have a lease it would be worth it to talk to the landlord. . .just explain that you are good tenants and you love the apartment, but you would like the steps fixed properly so this doesn't happen again and your medical bills paid. If they are smart, they will work with you. . .because in court you would be entitled to pain and sufferinig as well. . .something to think about.

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"No one believes more firmly than Comrade Napoleon that all animals are equal. He would be only too happy to let you make your decisions for yourselves. But sometimes you might make the wrong decisions, comrades, and then where should we be?"
- George Orwell Animal Farm

No! You should pay the rent if you plan on continuing to live there. You don't have the option of deducting any money from it.

Again, no. The rent has nothing to do with payment for injuries. It sounds as if your landlord will fight any legal action. He'll probably lose and he can't legally evict you for suing but he can get rid of you later. Since you know he will, I think you need to decide just how much you love your apartment when you decide your next step.

Most of all, do yourself a favor and don't call your boyfriend your 'fiance' in court unless you've got a ring and a set wedding date to back up your claim. If you have that, then call him by his rightful title but if you don't, just call him your boyfriend. I know several judges who are so sick of hearing unmarried women with children call their current shack job a 'fiancee', that they immediately challenge the term and if found not to be provable, usually hurts the woman's case. The judges say that if she lies about her engagment status, she'll lie about everything else.

I'm not accusing you of using the term in a vain attempt to seem respectable. I am merely letting you know that because so many others have, it's become a running joke and many judges don't like it. JTH