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Can You Get a Rent Reduction if Your Deck is Condemned

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  • 06-27-2014, 02:33 PM
    SBryson
    Can You Get a Rent Reduction if Your Deck is Condemned
    My question involves landlord-tenant law in the State of: Delaware, New Castle County

    I live in an apartment complex in Delaware in which at least two decks have collapsed. This led to the county condeming the decks as unsafe and prohibiting their use by tenants. My question is: am I able to reduce my rent by the value of the deck and if that is legal, how do I determine the value of the deck?

    Thanks!

    -Steve
  • 06-27-2014, 03:05 PM
    flyingron
    Re: Deck Condemed by County, Can I Reduce Rent
    You can't unilaterally change your rent FOR ANY REASON. It's possible you have a claim to void or renegotiate the lease in court, but decks aren't going to be valued very highly over living space.
  • 06-27-2014, 03:26 PM
    SBryson
    Re: Deck Condemed by County, Can I Reduce Rent
    Even if we pay more for our apartment because we have a deck (over an indentical unit without a deck)? And what about Section III, #7b. of this document: http://www.destatehousing.com/Renter...tenantcode.pdf
  • 06-27-2014, 03:44 PM
    flyingron
    Re: Deck Condemed by County, Can I Reduce Rent
    Yes, but it doesn't say you can just NOT pay the rent because you think that clause applies.
  • 06-27-2014, 03:47 PM
    gail in georgia
    Re: Deck Condemed by County, Can I Reduce Rent
    Read what flyingron wrote to you. Again, it's unlikely that a deck is gong to be valued very highly over living space. If you simply reduce your rent you face the possibility of an eviction by management...at which time you'll be able to use the argument in court anyway.

    Gail
  • 06-27-2014, 03:59 PM
    flyingron
    Re: Deck Condemed by County, Can I Reduce Rent
    To make it clear. Contact your landlord and point out you were paying the premium for the deck and you'd like a reduction as required by law.
    If it doesn't work then you will have to file a tenant complaint.
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