PropertyProf Blog

Editor: Stephen Clowney
Univ. of Arkansas, Fayetteville

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Monday, November 7, 2011

Weird Landlord-Tenant Hypo of the Week

A reader asks the Chicago Tribune the following question:  My landlord comes into the house I'm renting to use the shower and groom himself.  I feel so violated that I stopped paying rent, fo which he immediately served me eviction papers.  What are my rights in this situation?  Was I justified in not paying rent?

The paper's real estate pro responds:

My experience tells me that it is not a good idea to withhold the rent — regardless of the reason. . . .  My suggestion: You should give your rent to a third party — usually your attorney — to hold in escrow. That shows good faith on your part. Clearly, however, your landlord has no right to interfere with your privacy and your right to peaceful enjoyment of the home. I hope you have a good attorney to defend you in the eviction procedure. I suspect you will prevail.

Steve Clowney

http://lawprofessors.typepad.com/property/2011/11/weird-landlord-tenant-hypo-of-the-week.html

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