Dealing with a landlord who refuses to make necessary repairs can be frustrating and overwhelming for tenants. However, there are steps you can take and resources available to help you resolve the issue. This article will provide a comprehensive guide on who to call when your landlord won't fix things.
What Are Tenant Rights Regarding Repairs?
Tenants have the right to a safe and habitable living environment, which includes the right to prompt and necessary repairs. Landlords are generally responsible for maintaining the rental property and making repairs for issues that affect the tenant's health or safety.
This includes repairs for plumbing, heating, electrical systems, and structural problems. Tenants should report repair issues to the landlord in writing and allow a reasonable amount of time for the repairs to be made.
Who to Call When Your Landlord Won't Fix Things?
Contact local building or housing inspectors. Building or housing inspectors enforce housing codes, conduct inspections, issue violation notices, set repair deadlines, and impose penalties if the landlord fails to comply. They ensure rental properties meet safety and habitability standards.
When Should You Contact State or Local Building or Housing inspectors?
You should promptly contact state or local building or housing inspectors if you encounter significant issues that require their attention. These inspectors have a legal obligation to respond within 24 hours in cases of urgent matters. They will take appropriate actions to address the problem or communicate with your landlord to resolve the issues, ensuring your well-being and safety.
When you face major repair problems and your landlord is unresponsive, reaching out to state or local building or housing inspectors becomes crucial. For example, if you discover persistent mold growth in your apartment that poses a health risk, it is advisable to contact the relevant agency responsible for enforcing housing laws in your area.
Upon receiving your complaint, an inspector will initiate an investigation and issue a notice of violation to your landlord, specifying the necessary repairs and setting a deadline for compliance, typically within 30 to 60 days. In severe cases where the violation presents an immediate danger, such as faulty electrical wiring, inspectors may have the authority to temporarily close down the building until the repairs are completed.
What to Do When Your Landlord Doesn't Make Repairs?
Withhold rent
If your landlord has failed to maintain a habitable living environment and you have met the necessary criteria mentioned earlier, you may have the option to withhold rent until the necessary repairs are completed. This course of action is commonly referred to as rent withholding.
Repair and deduct
Depending on where you live, you may have the option to hire a professional to make the repairs or fix the issue yourself and deduct the cost from your rent. This approach is known as "repair and deduct." Just like rent withholding, it's essential to understand the legal guidelines and requirements that apply in your jurisdiction.
Move out
If the necessary repairs are not made, and your rental unit is deemed uninhabitable or unsafe, you may have the right to terminate your lease and move out without penalty. However, this option usually requires careful consideration, as it can result in the loss of your rental and potential legal implications.
Lawsuit
In some cases, you may choose to take legal action against your landlord. This could involve filing a lawsuit seeking compensation for any damages or seeking a court order to force the landlord to make the repairs. Consulting with a local attorney who specializes in landlord-tenant law can provide guidance on whether this option is appropriate for your situation.
FAQs about Who to Call When Your Landlord Won't Fix Things
Who should I contact first when my landlord won't fix things?
Start by reaching out to your landlord directly, either in person, through phone calls, or in writing (preferably email or certified mail). Document the issue, provide details of the problem, and request repairs.
What if my landlord doesn't respond or refuses to fix the problem?
If your landlord doesn't address issues with the condition of your rental home, you may have the right to end your lease without penalties or withhold rent until the problem is fixed. If the property is not suitable for living and it causes you expenses or damages your belongings, you might be able to take legal action against the landlord to recover those costs.
What information should I provide when reporting the issue to the housing agency?
When contacting the housing agency, provide details about the repair problem, your attempts to notify the landlord, and any evidence or documentation you have. This includes photographs, emails, letters, or any other relevant communication.
Can I withhold rent if my landlord refuses to make repairs?
Yes, if you've informed your landlord about the necessary repairs but they haven't taken action, you can hold back your rent until the repairs are done.
What if I face retaliation from my landlord for reporting maintenance issues?
Retaliation against tenants for asserting their rights is illegal in many jurisdictions. If you experience retaliation, document the incidents and report them to the appropriate housing agency or a lawyer specializing in tenant rights to take appropriate action
