I was without a refrigerator for the whole month of December the landlord didn't fix it till January 8th I asked them since I had to go a whole month and feed my 3 kids out of pockets rent should be free I would start fresh in February now they have added all my late fees I had two years ago and January rent and only want to deduct $600 from $1500..so they still want me to pay them not only that i haven't renewed my lease since I been there 2013 so can they do that?
The terms of the lease will control. If the money is owed, it is owed. Remember, promises made verbally are seldom reliable.
Since you haven't renewed the lease, you are likely considered a month-to-month tenant but terms of the original lease agreement such as what constitutes proper notice for repairs may still apply. The landlord's failure to repair the refrigerator does not give you any legal justification to live there rent free. There are much more practical options, such as purchasing a mini refrigerator and food items that do not require a fridge such as canned soups, etc. When you informed the landlord of the need to repair the refrigerator in writing will also be key here.
Can they do what? Ok Ok. I'll make some assumptions. The terms of your original lease are likely in effect. You likely are a tenant at will. The landlord can validly demand the property back after 60-day notice if you are otherwise in compliance with the lease.
If you don't pay, they can file a dispossesory. But let's be honest, anyone can file a dispossesory any time. If they file, you could answer denying the validity of the suit and counterclaiming for lost enjoyment of the premises, which would basically amount to a rent reduction for the time when the refrigerator was not working. You would get a hearing where you would have the opportunity to make your case. The landlord would also have the opportunity to make his case.
If you lose the dispossesory hearing, then you would have to move within 7 days, and the landlord may obtain a judgment against you for costs, rent, or other damages.
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