holes in the plywood floors, lights not working, weird insects...

... And can you believe the landlord is threatening to throw US out?

Hi. In this apartment we use our own lamp fixures because the overhead lights haven't been working for 2-3 months now. He promised to fix them then forgot about it us just as he forgot that we told him that the sink faucet was dripping water. Well, he fixed THAT right away when he got the water bill over a month later. Basically we are supposed to pay for gas and he is supposed to pay the rest.

The problem is, that we have been receiving the electricity bills and paying them for the sake of not having the utilities shut off. We tell him over and over that he needs to call them for us (they will not call him), which he seems to forget right away as soon as he goes home. We have been deducting the amount from our rent, giving him the bills each time. Now he comes and hollers at my girlfriend that the full amount has to be paid next time or, "You can GET OUT!" (he won't say it to me). We have the latest bill which we intend to keep for our records in case things get messy.

Looking for assistance (or a laywer to sue his pants off - you get half 50/50 )

Question here: Rather than withhold rent (which is a violation of your lease and can lead to eviction,) why would you remain in substandard housing? (Accepting your post at face value.) I'm not so sure that a small claims court would find in the landlord's favor, should he attempt to sue for the broken lease when faced with dated photographs of the living conditions, receipts and cancelled checks for the repairs/out of pocket expenses you incurred. Worst case scenario, you repay the balance of the deducted rent; landlord pays for out of pocket expenses. Best case scenario: you're out of possibly substandard housing with a valuable learning lesson or two.

Not legal advice, of course. Just "thinking out loud."

You neglected to mention in which state you reside. Since these laws vary from state to state, giving you specific advice is difficult.

However, in a large majority of states ( and I do not know if yours is one) , it IS within your right to withhold rent IF you have met your states criteria for notification. In some states, you are required to send a registered letter along with estimates of what the repairs will cost, and tell the landlord if the repairs aren't made in a timely manner, you will be deducting the amount of the cheapest estimate from the rent.

Also every state and municipality has building inspectors, and codes. A simple call to yours letting them know the sad state of the building/rental might help edge your landlord in the right direction.

While there may be one, I do not know of a single state in which it is illegal to withhold rent for necessary repairs *caveat--repairs for damage you, as the tenant did NOT cause and WITH PROPER Notification--which varies from state to state*. My state, PA, Michigan, and OR, to name a few allow you to withhold rent, but only if their specific ( and different in each state) protocol is met.

Withholding rent for repairs without proper notification and adherence to your local laws is grounds for eviction. However, if you live in a state that has in place a procedure for withholding rent for repairs, follow it to the letter of the law, keeping copious records, and eviction should not be a problem.

In those states that don't allow withholding rent in lieu of repairs, (check to see if your state is one of them) tenants ARE always--as far as I have found, allowed to terminate their lease without penalty (again, protocol for proper notification, etc. exists to substantiate the rental was 1. in disrepair, and 2. that the landlord failed to repair it in a timely manner.

Try reading Lindsey v. Normet, 405 U.S. 56 (1972).