Legal Question in Landlord & Tenant Law in Mississippi

Repair reimbursements

Is it legal to withhold money from rent to pay for a utility bill caused by a major repair problem in your apartment? My heating and air-conditioning unit was malfunctioning and caused my electric bill to triple. The management finally fixed the unit but has not reimbursed me for my utility bill that skyrocketed.nAfter dealing with them for over a month to get reimbursement, I withheld the amount from my rent and paid the bill. Was this legal?


Asked on 4/06/04, 11:27 am

1 Answer from Attorneys

Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Repair reimbursements

No, withholding money is not legal. If the landlord refuses to pay you, you can take them to small claims court, but you can't breach your own contract to makeup for the landlord's breach of theirs. Otherwise, if the landlord agrees to the withholding of monies, no problem.

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Answered on 4/06/04, 12:06 pm


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