Tenants: What to Do If Your Landlord Doesn’t Make the Repairs

What can you do if your rental property needs repair and the landlord ignores your requests? Before we continue, let’s understand that in virtually every state, the landlord is not obligated to repair damage caused by the tenant or their guests. If you broke it, you will have to fix it. Small cosmetic repairs are generally not covered. So don’t stop paying your rent because you have a chip in your kitchen cupboard or the carpets are dirty.

The first step is to call the landlord and inform them of the necessary repairs. You must also send a detailed letter. In the letter, be clear and precise about the repairs. Stick to the facts and don’t come off with a long spiel. If the repairs are not completed, this letter may become evidence in court.

We strongly recommend that you send the letter by certified mail and keep a copy of the letter for your records. Many states have deadlines by which repairs must be completed, the letter will start the clock. One phone call is not enough, because an owner can simply claim that they never received any phone calls.

Repair remedies

Not all state or county laws allow the following. There is a link at the end of the article to find the laws in your state regarding repairs. We cannot stress enough the importance of contacting an attorney before initiating any self-help remedy. Generally, there are free legal services in most areas that can provide you with guidance. If the repairs are life-threatening, you should move and contact your local code enforcement office or health department.

Trust rental

If escrow rental is allowed, it is one of the best ways to get the attention of landlords. When you put the rent in escrow, it means that you will keep the rent instead of paying it to the landlord. DON’T SPEND THE RENTAL MONEY!

You must deposit your monthly rent in a bank account. In some states, you can simply keep it in your own bank account, others require that a separate account be opened expressly for this purpose, and some require that the funds be in escrow with an attorney. Send a copy of the bank statement to the landlord showing that the rent was placed in escrow. If the landlord makes the repairs, you must release the funds held in escrow.

Unfortunately, many times you are stuck at a standstill. The landlord will not make the repairs because you are not paying the rent and you will not pay the rent because the landlord is not making the repairs. In most cases, the landlord will initiate an eviction, but this is for your benefit.

You must attend the eviction hearing. At the eviction hearing, you will have the opportunity to tell the judge or mediator about the redress issues. Bring photos of the problems and if the repairs are not visible, such as a broken heater, try to bring a witness. It is vitally important that you bring bank statements showing that the monthly rent was placed in escrow. If you don’t, the judge will find in favor of the landlord and you will be evicted. Also bring a copy of the letter you sent to the landlord.

If the judge rules in your favor, he or she will generally order the landlord to make the repairs, and you must agree to release the security rent upon completion. In some jurisdictions, an agreement is drawn up that you and the owner, or their representative, must sign. Even if you do agree, they will sometimes schedule another hearing. If the issues are still not resolved by the next court date, you will need to go back to court.

Sometimes the judge may give you the option to move. You may need to release your rent as collateral if you agree to move out. The judge will usually order the landlord to release the security deposit after you pay the rent and move out.

The court may also decide that the repairs are not the responsibility of the landlord. In this case, you will also have to release the security rent or face eviction.

Repair and deduct

In some states, you are allowed to make repairs and deduct the costs from your rent. Many states limit the amount you can deduct for repairs. Before you make the repairs yourself, you must inform the landlord in writing of the necessary repairs and allow sufficient time for the landlord to make the repairs. If the repairs are still unresolved, send another letter informing the landlord that you intend to make the repairs and deduct them from the rent.

You should obtain three written estimates from licensed professionals and obtain a copy of the contractor’s license and any permits, if necessary. If the landlord takes you to court, you will need to bring all of this information.

Once the repairs are complete, send a copy of the receipt for the repairs and copies of the estimates to your landlord along with a letter informing them of the amount to be deducted from the rent. Keep copies of everything you send to the landlord.

Essential services

Essential services such as heat, hot water, and utilities (if the owner is responsible for them) must be maintained by the owner according to virtually all state laws. Contact your local health department or code compliance department if the landlord does not maintain essential services. Agencies will generally inspect the property and notify the landlord of violations. If you are still unable to complete repairs or restore services, the remedies listed above can be used if permitted in your jurisdiction.

Move

We do not suggest breaking your lease. However, if you are having repair problems and your lease is about to expire or is expiring from month to month, you should consider moving. Lack of maintenance of a property is an indication that the owner is having financial difficulties. More problems will arise. You don’t want your quality of life to be affected due to the financial problems of the owners.

To find the repair remedies allowed in your state, visit http://www.rentsmartadvisors.com/ataire-rights/rental-repair-and-maintenance/. You may have additional rights under county or city codes. Again, consult an attorney before implementing any self-help remedies.