Repairs

Common questions concerning repairs:
What are my basic rights and responsibilities of repair as a tenant?

Tenants have a right to live in a property that is "habitable." This means the apartment should be free from danger. Any provision in a lease that waives this right is void, because a landlord must keep apartments in livable condition. However, if the tenant causes a sanitation or safety issue that requires repairs, a landlord is not responsible for the repairs required to make the property livable again.

What sort of damage requires repair?

Some areas that must be repaired by the landlord are:

  1. Plumbing Problems
  2. Electrical Problems
  3. Sanitary issues
  4. Heating and Ventilation systems
  5. Appliances furnished by the landlord (ie. Refrigerator, Stove)
  6. Vermin infestation
  7. Garbage or other offensive materials
  8. Structural problems to do with any part of the house, including the roof, windows, and floors.
  9. Landlords must also keep communal areas of the building in repair, the duty of repair does not stop at the threshold of each apartment.

Local governments may also list additional items that must be maintained by a landlord.

Is the Landlord required to repair my apartment, if so, what are my options?

If I caused the damage:The landlord does not have to fix the property, and the tenant will have to make repairs on his/her own. However, the landlord cannot leave the property in a condition that is unlivable and will have to repair the condition. The landlord may then seek to charge the tenant for the cost of repairs of a condition caused by the tenant.

If the damage was not my fault: If the damage was not due to your actions, the Landlord needs to fix the problem within a reasonable period of time. What that time period is depends on how dangerous the damage is to your health and safety. For example, plumbing problems which stop tenants from using all available bathrooms must be fixed more quickly than a malfunctioning dishwasher. However, based on the lease, a tenant may be able to repair the property and have the landlord pay them back.

If your lease includes a section which allows you to make repairs and deduct the cost from your rent, you may be able to get reimbursed for the cost of repairs. A letter asking for reimbursement could look like this:

To: First Name, Last Name

Address:

The property you leased to me, (Address here), requires repairs which include: (List of required repairs). According to section (Lease Provision #) of the lease, I conducted these repairs myself.

Included with this letter are receipts for the cost of repair, which totaled $(Total Cost). If I do not hear from you, I will deduct the cost of the repairs from my rent.

Dated: --/--/----

Printed Name,

[Signature]

In order to deduct the cost of repairs from the rent, the tenant must:(a) give notice to the landlord of the existence of the condition; (b) give the landlord a reasonable amount of time to fix the condition (the amount of time that is reasonable will depend on the nature of the condition - a serious condition will require a response from the landlord more quickly); (c) secure repairs that are reasonable in cost and use a professional to make the repairs. The tenant will bear the burden of proving that the costs were reasonable. A good way to do this is to try to get multiple estimates of the costs of the repair in advance of making the repairs so that you can prove that the costs associated with the repair are reasonable.

How do I give notice to the landlord that my apartment requires repairs?

First, try to talk to your landlord! Tell him or her about the repairs you need and ask when the landlord can fix the problem. If he or she is not responsive or does not complete the repairs in a reasonable time, the next step is to write a formal letter to the landlord giving him or her notice of the condition that needs repair.

A letter to your landlord informing him/her of the need for repair could look like this:

To: First Name, Last Name

Address:

The property you leased to me, (Address here), requires repairs which include: (List of required repairs). We spoke previously about the defects and the need for repairs on (date of conversation). According to the lease dated (Date of Lease), repairs must be made within (Number of Days) of notice of the need for repairs.

Please contact me upon receipt of this letter to schedule a time to begin the repairs.

Dated: --/--/----

Printed Name,

[Signature]

Check your lease. It may require that you send any notice to the landlord by certified mail. If so, make sure any letter to the landlord about conditions, or about anything, is sent to the landlord by certified mail. If some other method of notice is required by the lease, use that method.

I told my landlord about the damage and he/she did not fix the problem. What is my next step?

If the landlord has not made the repairs, you might be able to vacate your apartment before the lease has ended. But there are certain requirements under the law before you do so. If you do leave your apartment before the lease is up, and you were not entitled to do so, the landlord might be able to sue you for the remainder of the rent due on the lease. If you think you want to leave your apartment early, it probably makes sense to talk to a lawyer first to make sure that doing so is lawful and that the landlord will not be able to sue you for the remaining rent on the lease.

A letter stating your intent to vacate the lease might look like this:

To: First Name, Last Name

Address:

The property you leased to me, (Address here), requires repairs which include: (List of required repairs). According to the lease dated (Date of Lease), repairs must be made within (Number of Days) of notice of the need for repairs.

If repairs are not completed within the timeframe required by the lease, I will consult legal advice as to my right to terminate the lease early or pursue an alternative remedy.

Dated: --/--/----

Printed Name,

[Signature]

None of these steps have worked, and I want to continue living in my apartment. What should I do?

If none of the above methods have gotten the landlord to deal with the issue, you may want to get legal advice on how to proceed. One step you might want to take might include taking the landlord to court to obtain repairs. You can contact the clerk in the court to get instructions on how to bring such an action. A lawyer should also be able to help you do this.

Do I have a right to walk through an apartment with a home inspector before leasing the property?

A prospective tenant does not have a right to walk through or have an independent home inspector look at the apartment. However, if a landlord does not want to show you the apartment before you sign a lease, act cautiously. There may be a reason he/she will not show you the inside!