[RPPTL LandTen] 83.56(1) Notice to landlord

[Gioia DeCarlo]

Dear all,

I have a tenant whose rent is $2,000.00/month.  She moved in April 1, 2015.
Premises REALLY need work, did when she moved in.  In fact, as some work was
being done, a city inspector came in (workman let him in) and tagged the
house as an unsafe structure (that violation is still open).  Many things
substandard.  Landlord and tenant were friends and Tenant moved in with
promises from Landlord to repair ‹ in fact, the LL was intending to rehab
the house anyway and plans to move in in the future, so my client wasn¹t
concerned.   

Tenant paid each month.  When tenant mailed August rent, she sent it with a
letter stating that she knows the engineer is not repsonding and that the LL
should have found someone else to do the paperwork for the permits.  She
lists things that are making her tenancy ³extremely uncomfortable² and says
she is actively looking for another place to live (there is no written lease
and it is not clear if if was a true month-to-month or a 1-yr verbal lease
or a month-to-month with a max of being there 1 year, but this is not an
issue about which I write).   The letter also states she is paying $1,000.00
rent until the conditions improve, which she thinks is fair (note that a
judge, after seeing pics may very well think that $1,000.00 is quite
generous). My client wrote the letter not knowing of the statute and sent
the letter with the check for the reduced rent ($1,000.00) .    That is, my
client did not wait the statutory time before withholding part of the rent.

My client again paid $1,000.00 for September rent.   For this and other
reasons, the two women are no longer friends and the LL now demands all her
rent and threatens to begin eviction this week if she doesn¹t receive it.

Although my client¹s letter did not cite the statute nor state that the LL
had 7 days to repair, I believe it contains the essential elements:  it¹s in
writing, it specifies the non-compliance, and it indicates my clients intent
to reduce the rent until the conditions are acceptable.  If anyone thinks
that this letter wouldn¹t hold up as written, pls let me know!

The issue is, in addition to whether this letter is statutorily sufficient,
is that my client withheld part of the rent before the  7 days (plus the
mailing days) elapsed ‹ letter was mailed with the reduced rent.   I can¹t
find case law on the effect of simultaneous withholding.

 I would like to think a court would agree that the letter is sufficient but
that the right to withhold did not accure until after the 7 days (plus
mailing) elapsed and that therfore my client is liable for the full rent
until the date on which the rent could be adjusted downward (12 days  after
mailing),  in an amount determined by the court. Or perhaps just adjust
September rent since the notice was not given 7 days before the August rent
was due.   I would NOT want the court to find  there is no right at all for
my client to withhold at any time after that letter (would be strange
outcome to me as the statutory intent is to put the LL on notice ‹ but I
have seen strange outcomes).    Does anyone have a case on this or any
experience with this issue? Opions? Suggestions?

Should I send another 7-day notice tomorrow on my client¹s behalf with
language that a 7-day notice was already delivered and my client is entitled
to a rent adjustment as of X date but that this notice serves to start the
clock in the event the court finds the first notice (my client¹s letter)
defective?   If I should, I  would need to get it out ASAP before my client
is served a 3-day notice!

Would love input!!

Thank you

Gioia





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