Not Paying Rent Due to Repairs That Need to Be Done to The Property

[rden]

My question involves an eviction in the state of: alabama

Good Morning,

I am currently renting a property in alabama, and have occupied it for over a year. In Feburary of this year the management company that was holding my lease went bankrupt, I was not told, and therefore was unable to pay rent because I did not know who to pay it to.

In mid april I received notice that my lease was being taken over. I called the new property manager to discuss the problems I was having with the house. We sat down and made a list of everything that needed to be done, and she told me she would be in touch.

Several weeks had gone by and I had not heard anything, so in May I only payed half the rent, and sent her an email explaining why. A week later I got a reply telling me I was within my rights to only pay half the rent. A maintaince man showed up a few days later and he started to repair. The wall in the kitchen. It was never finished, a lot of other projects were started as well, but.never compleated. So, when it was time to pay Junes rent, I sent her an email instead telling her I would not be paying rent because the repairs had not been finished. Three weeks later I receive a reply that tells me that I havee to pay her for june and owe her the other half of Mays rent because a "reasonable attempt" had been made to repair the house. I invited her over to see the construction zone I am living in. She never replied, but.sent over a maintaince man who attempted to fix a toilet, but only made it worse. He told me he would be back to fix my ceiling and my roof. I have never seen him again, and she has not replied to my messges. Frustrated, I have not paid Julys rent. I received a note on my door last Thursday, from her lawyers telling me I have seven days to pay everything I owe her,, or they will take legal action.

I am trying to gather the resources to move, but will not be able to afford to o do so until the first of August. I am worried she will evict me, if she has not already started the process. Any advice would be helpfull. She says that I am breaking the lease, but I feel I am within my rights.

[flyingron]

Not only will they evict you, they can sue you for damages for breaching the lease as well as for the unpaid rents while you were living there.
You and the property manager were mistaken in that you had the right to withhold any rent because of the repair issue.

Your options are either to get yourself current on your rent or get a lawyer, but you're going to end up spending money for sure.

[Mr. Knowitall]

In Alabama, you don't have the right to withhold rent to try to get your landlord to make repairs - you need to commence a legal action to compel the repairs (e.g., on habitability grounds) and escrow the rent with the court.