Landlord/Tenant
Issues – Landlord Neglect of Major Repairs
If, as a tenant, you find yourself in a situation
where your landlord won’t make major repairs, you do have some powerful
remedies that you can utilize. Your options could include one or more of the
following:
· Calling state or local building or health inspectors;
· Withholding the rent until the repairs are made;
·
Repairing the problem,
or having it repaired by a professional, and deducting the cost from your rent.
This is known as “repair and deduct”;
· Moving out, or
· Paying the rent and then suing the landlord for the difference between the rent you paid and the value of the defective premises.
However, before you opt to use this remedies, make
sure that certain conditions are met to justify your actions:
- The repair is major and/or
affects your ability to inhabit the property.
- The repairs needed are not
your fault of the fault of a guest.
- You followed specific state
rules to notify the landlord of the need of repair and allotted the time specified
to make the repairs. For this information, check your state’s law for specific
notice requirements.
- You are willing to risk termination of your lease or eviction if the landlord is annoyed by your complaint(s) or a judge rules against you. Most states, prohibit retaliatory actions for tenant complaints, however, not all states. Check your state law to find out what the rules are in your state.
If all else fails, you can bring a lawsuit against your landlord if your rental unit is uninhabitable. In some states you can ask the court to issue an order to force the landlord to repair the defects while paying reduced rent until the problem is corrected.
As
a tenant, you hope that the place where you choose to live will be peaceful and
inhabitable. If there are issues, your state may provide one or more of the
remedies discussed.
