My Landlord Does Not Fix Repairs Properly

My Landlord Does Not Fix Repairs Properly

As a tenant, you have rights to a safe, climate-controlled apartment with functioning appliances. The distinct laws are different for each state and locality but the overall principle is about the same in each place. Landlords are required to fix apartments in a timely manner when things break. If not, there are several options you can take such as withholding rent, which is a common step to take.

Type of Repairs

    Firstly, distinguish the type of repairs that are not fixed properly. Repairs that leave the apartment dangerous or uncomfortable are more serious than simple inconveniences. For example, repairs that leave broken glass, a malfunctioning stove or broken water pipes require different types of action than a creaky door or uneven floor. If the repair leaves the property in violation of the city or state code for safety then you have grounds to withhold rent.

Written Agreement

    Refer to your written terms to check what guarantees your landlord committed to before the lease was signed. Hopefully, there is a provision in the lease that the landlord will promptly address all required repairs in the apartment. You will probably not list the standard to which they are fixed but can broadly agree to a safe, comfortable and properly functioning living environment. If these terms are not in the lease then you will have to fall back on the laws required of all landlords in your area.

Standards

    According to tenant's rights groups there are a few critical standards for proper repairs. Firstly, the space must be safe and sanitary. Secondly, it should not endanger your health in any way. Third, there should be running hot water that can reach 120 degrees Fahrenheit. Smoke detectors must be functioning properly and finally doors and windows should be secure.

Court

    If the landlord refuses to fix a problem with the apartment properly then you have the option of withholding rent or taking the landlord to small claims court. Usually, withholding rent suffices and will outweigh the costs or benefits that you receive from going to court. However, if you are injured and need to go to the hospital, you can sue for recovery of medical expenses and other punitive damages.



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