My landlord has breached lease agreement by not giving us secured access to acreage included. He has agreed to make up for it by crediting me a fair amount, but won't do this until two months after our lease has ended. I have countered by offering to take monthly credit installments to finish by end of lease...he has not responded and rent is due. What should I do?
The acreage in dispute has been infringed by the landlords other lessee who is renting adjacent acreage for cattle, preventing usage. The fencing is there, but compromised in many areas. After complaining for four months, landlord came to mend fence (with my help), and now problem is resolved. After this, he agreed to credit, but not in reasonable timeframe (three months after our lease agreement ends). My concern is if we don't continue after lease ends, we will not see anything.
Landlord / Tenant Lawyer
It sounds like you are in the progress of settlement discussions. You should probably continue down this path. Threatening to withholding rent might get you leverage to get the settlement finalized; actually withholding rent might get you evicted. If you take the language of your lease and the details of your situation to an attorney, you can likely get a far more nuanced answer to your negotiating position.
Licensed in Oregon. Advice provided is general legal information relevant to the facts provided. It is not intended as legal advice applicable to your specific situation. No attorney/client relationship is created unless and until we have met and entered into a written representation agreement. Contact me at 541-250-0542 to discuss your matter further. www.MaugerLaw.com
There may be a number of other issues at play here as well. It's unclear what you mean by "secured access." Are there other people on property that was clearly leased to you? Is your landlord using acreage that is clearly leased to you? These are the types of questions that may help you evaluate your situation. As Mr. Mauger suggested, speaking with an attorney could be very helpful in your situation and protect you from making a mistake causing unintended consequences.
Discussions on Avvo should not be relied upon as legal advice and should not be substituted for an in depth consultation with an attorney. Any answer provided does not create an attorney/client relationship.