Legal Question in Real Estate Law in Kansas
Landlord Failure to Meet Lease Terms
If a landlord fails to meets conditions of lease can the tenant refuse or offer to pay less rent until the lease terms are meet?
1 Answer from Attorneys
Re: Landlord Failure to Meet Lease Terms
If a landlord fails to fulfill their obligation(s) under a written lease, perhaps the tenant can refuse to pay or pay a lesser amount. However, those instances are extremely rare. Your posting did not provide enough information to determine whether your scenario would meet the criteria. If a tenant refuses to pay, or pays too little, and they are wrong about whether the landlord's ation/inaction have given them justification for nonpayment/underpayment, then the tenant is in breach of the lease, and subject to unfavorable litigation. Therefore, the safe answer is "No" a tenant is not justified in refusing to pay rent or in paying too little rent, when they feel the landlord has not fulfilled their obligation.
Good Luck,
Tony Smith