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  1. #1
    Join Date
    Jun 2014
    Posts
    2

    Default 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

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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.

  3. #3
    Join Date
    Jun 2014
    Posts
    2

    Default 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

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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.

  5. #5
    Join Date
    Dec 2012
    Posts
    1,026

    Default 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

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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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