Landlord will give back deposit but not rent

[eharjo02]

I have lived in this house since about late June early July. Our landlord has always been slow about fixing things in the house. I have always paid on time and given the entire amount due on my rent ($425). Around Thanksgiving weekend, I noticed our heating system in the house was making this loud rattling noise. I called our landlord and he said he would have someone look at it. I wrote him a letter(12-2-08) also about the heater, he showed up at our house a couple days later. My boyfriend said it wasn't making any noises now. However, my landlord never checked it out or anything he just left. Then on 12-16-08 I woke up and our entire house was filled with smoke. Our smoke alarms never went off. Later to find out, there were no batteries inside. Our landlord was not concerned about our safety and said someone would be by to look at the heater later that day. He later told us that if was safe to go back and heat the house with our electric stove. I told him that even if the system is fixed I would not feel safe in that house and decided to move out. He agreed that he would give me back the deposit but not the rent for the days we left out the house early. He stated it was our fault because we broke the lease. He is giving us $300 deposit but keeping the $425 in rent. He also is upset that 2 extra people (one being my boyfriends sister, the other his handicapped brother) were there that night. I am not sure I even have a case but I would like to know what I can or cannot do.

 

[jacksgal]

He is actually doing you a favor just keeping one months rent. You could seek more