Eviction By A Slum Lord

[betsy]

:x i have been living in an apartment for almost three months now and it is still not finished. when i came to look at the apartment on august 15 the landlord said that it would be ready, it was not. i had to move in anyways because i had given my notice to my prior landlord.nothing has been finished and there are alot of problems inside and out. there is even a pssibilty of black mold in the apartment. the carpet in the living room was not cleaned and was filthy and smelled of urine(human and animal).there is trash and rotted wood in the yard along with a uncovered snow blower and lamn mower. the fence is falling apart and there is an old dishwasher in the yard.i have fallen on the debree and cracked/bruised a rib. the flooring in the downstairs floor is not finished and there were nails sticking up from the floor and i hurt my back trying not to fall down the stairs because my pant leg got stuck on them. both bathroom sinks are cracked and dirty. my bedroom door frame is taken apart. the light and electical fictures were not installed. there were no smoke detectors installed. and the whole apartment smells horribly musty and moldy. he has called several times to come over only to not show up and not call.i have withheld $200 from the security deposit and that did not help. so i am now with holding my rent and was told that i would be getting an eviction notice(among other things)am i in the wrong?what should i do?please help!

[aaron]

You should try to protect yourself by requesting that the housing unit be inspected by your local housing authority. If your landlord brings an action to evict you, consider a counter-claim for a rent abatement on the basis that the apartment isn't habitable, or that the defects so diminish its value that there should be a substantial reduction in any rent that the court determines to be owed. You may have other rights and remedies as well - check the phone book to see if there is a local tenants' union you could consult, or consider consulting a lawyer.

Generally speaking, a self-help remedy of simply withholding your rent is not sufficient to protect you from eviction - in fact, it usually constitutes grounds for eviction - so you should get the advice you need as soon as you can, and try to figure out your best course of action.