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Renters often feel stuck with less-than-ideal living
conditions. Maybe the drip, drip, drip of your leaking
bathroom faucet is driving you insane. There's an
unsightly hole in your living room carpet. Or the
paint in your kitchen has gone from crisp white
to the dingy yellow of spoiled milk. These aren't
huge problems, justifying a move. But you don't
just have to live with them.
The Landlord's Responsibilities
Your landlord is responsible for keeping your unit
in a habitable, or livable, condition. The landlord
must keep the structure of the building sound, including
floors, roofs and stairways; keep electrical, heating
and plumbing systems operating safely; supply hot
and cold water in reasonable amounts; and exterminate
infestations of pests such as cockroaches. Keep
in mind, however, that if a problem is the result
of your own carelessness -- such as a vermin infestation
caused by your poor housekeeping - the repair bill
will properly be forwarded to you. If you don't
pay it, the amount may be taken out of your security
deposit.
But what about the niggling problems most tenants
face, like leaky faucets, old paint, broken glass
or worn flooring? While these types of problems
can be unpleasant or inconvenient, they don't make
the unit uninhabitable.
Whether or not your landlord must take care of
a minor repair depends upon a number of factors,
beginning with the nature of the problem. Purely
cosmetic repairs are not legally required. Mildewed
grout or worn carpet, for example, are less likely
to require a landlord's attention than are loose
tiles that make the shower unusable or holes in
carpeting that could trip someone. Also check to
see if your specific complaint is addressed by:
- the terms of your lease,
- any oral or written promises your landlord has
made,
- state and local building codes and
- state landlord-tenant laws
Getting the Job Done
It's often harder to enforce your rights to minor
repairs than major ones. Tenants in an uninhabitable
dwelling are often allowed by law to withhold rent
or use "repair and deduct" procedures, but taking
those actions for merely minor problems could get
you evicted. There are, however, a number of proven
strategies for getting landlords to take care of
minor problems.
- paying less rent
- withholding the entire rent until the problem
is fixed
- making necessary repairs
- hiring someone to make necessary repairs and
deducting the cost from the next month's rent
- calling the local building inspector, who can
usually order the landlord to make repairs, or
- moving out, even in the middle of a lease
1. Write a repair request.
Even if you've already asked your landlord to take
care of a problem, a written request is almost always
helpful. It gives you a chance to articulate the
problem clearly and point out why it's in the landlord's
best interest to have it fixed. A letter also allows
a reluctant landlord to think it over without having
to give you an immediate answer (which often results
in a knee-jerk "no").
Try to develop a number of themes in your letter.
One effective tactic is to explain that the problem
might become worse -- and more costly to the landlord
-- if it's not taken care of right away. A landlord
might find it easy to ignore your drippy faucet
until you point out the possibility of an overflowing
sink and water damage to the floors. Another theme
that will grab your landlord's attention is the
potential for injury. A hole in the stairway carpeting
could cause someone to trip and fall, making the
landlord liable for the injury. Landlords are also
sensitive to security issues, so be sure to point
out any security risks created by your problem,
such as a broken lock or faulty hallway light. Finally,
if the problem affects other tenants, be sure to
emphasize that.
2. Propose mediation.
If your oral and written requests are ignored,
contact a mediation service, which will invite the
landlord to meet with you and a trained mediator.
Many communities offer free or low-cost mediation
services as an alternative to going to court. A
professional mediator may be able to help you and
your landlord reach an agreement. For more information,
see the Mediation section of Nolo's Legal Encyclopedia.
3. Report your landlord to your local building
or housing agency.
Some minor problems may violate local building
or housing codes. Call the agency that enforces
these codes in your area to find out. (Look under
the city or county government listings of your phone
book.) Officials at the agency should be able to
explain whether or not your problem in fact violates
local or state codes, and may be able to take action
against your landlord.
Keep in mind, of course, that reporting your landlord
won't likely improve your relationship, which may
be important to you if you want to stay in your
unit for some time. Even state "anti-retaliation"
laws, which prohibit rent hikes, terminations or
other adverse actions following a tenant's complaint
to a government agency or exercise of a legal right,
cannot forestall a sour relationship.
4. Sue your landlord in small claims court.
If you can prove in court that the unaddressed
problems decrease the value of your unit, a judge
can award you the difference between what you've
been paying in rent and the amount the unit is actually
worth. Obviously, suing your landlord is not your
best option if you want to salvage your landlord-tenant
relationship. But if you've tried everything else,
taking your landlord to court might be the right
remedy.
© 2000
Nolo.com
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