In many instances, simply informing a landlord of needed repairs is all that is necessary to get something fixed. However, in some instances, landlords refuse to make repairs. Tenants do have some recourse, however, the requirements are strict. Failure to follow required procedures in seeking relief for a landlord's failure to pay rent can result in eviction from the rental unit.
Contacting the Landlord
In order to establish her legal rights, the tenant must provide written notification to the landlord of the nature of the problems. She should spell out the problem in detail and she must allow a reasonable time for the landlord to make the needed repairs, which can vary depending on the nature of the problem. The tenant should send the letter by certified mail and keep a copy of the letter and the dated receipt. She may also email the letter, in which case she should print out a dated copy of the email message. The repairs must not be the result of conduct by the tenant or her guests.
Deducting the Cost of Repairs
If the landlord fails to respond to the tenant's written request for repairs, many states and local jurisdictions allow a tenant to make needed repairs or pay to have the repairs made and deduct the cost of the repairs from the rent. However, there are limits to how expensive the repairs can be. In most instances, the cost of the repair cannot exceed a month's rent and is often less. The repairs must be done in a workmanlike manner, and the tenant must provide copies of receipts or paid work orders for the landlord before making deductions from the rent. Landlords may not evict a tenant for lawfully making repairs to her residence and deducting the cost from the rent. This is known as retaliatory eviction or a similar phrase, and is illegal.
Rent Escrow and Other Last Resort Measures
Unlike deducting the cost of repairs, establishing a rent escrow account can leave a tenant vulnerable to being evicted, and should be used only as a last resort. A less risky option is to ask for a reduction in rent based on the inability to use certain parts of the apartment because of repairs that have not been made. Another option is to call for a housing inspection. If the inspection discloses code violations, then the landlord can be ordered to make repairs. The tenant cannot be evicted for requesting a housing inspection; however, if the violations are serious enough, the housing inspector could condemn the property, which would force all occupants to vacate the premises immediately.
Constructive Eviction
If the residence is in such disrepair that it is uninhabitable, the tenant may be entitled to break the lease and move to a new residence. In many instances, she may be entitled to have her security deposit returned to her as well. This is known in the law as constructive eviction, or being forced to move due to circumstances that make it impossible to remain. Landlord retaliation is another justification for constructive eviction. As with rent escrow, there is some danger of legal action being taken against the tenant, in which case the tenant would have to provide evidence to support her claim of constructive eviction.
Expert Insight
Many local jurisdictions have their own "tenant's rights" statutes. However, like state statutes, they often only apply in units of a certain size or that have a certain number of residents. Nonetheless, in nearly all cases, tenants have the right to take a landlord to small claims court as a last resort. If a tenant is occupying a residence under a month-to-month arrangement rather than a lease, it may be possible to move with 30 days notice or less. If a security deposit has been paid, in most instances, the tenant is eligible to have it returned.
Tags: constructive eviction, from rent, needed repairs, deducting cost, housing inspection
