“This is what has been going on in my house for the last six months. Maintenance keeps saying they will fix it ‘next week.’ I think I am gonna send pictures to the landlord so he can see how extensive [the problem] is.”
My friend recently told us about her maintenance woes. What was the issue? Possibly rust, or water damage, or mold, which is growing along her walls and has reached items like her toilet paper and toothbrush. I saw the pictures and she wasn’t kidding.
“Can anyone give me a simplified version of the landlord law if they say they are going to fix something, then never do?” she asked.
Unfortunately, getting landlords and maintenance to fix a problem in your rental isn’t the easiest to enforce. As a tenant you do have rights to a safe living environment, but not all landlords stay on top of that like they should.
Do This First
Read your lease agreement. What does your lease say about maintenance repairs? Who is responsible for what type of damage? Where do you go to alert someone about needed repairs? When will a repair be made? Can you withhold rent? Can you hire someone to fix the problem yourself? Knowing the answers to these questions will help you as you move forward, especially in knowing what actions you can legally take.
Next, write a letter to your landlord and maintenance. Include pictures if possible. You will want to write this when the problem first starts so that if it escalates, blame can’t be pointed at you for extensive damage. Send the letter as certified mail since this can be traced for proof of delivery. Don’t limit yourself to one. Send several letters as this paper trail will prove that they definitely had notice of the issue.
After That...
Find out who is responsible for building or housing inspections in your city and contact them. Let them know your concern and request to get an inspection of the property. It is best to be present for the inspection so that you can point out the problem to them. Be warned that your landlord won’t be too excited about you doing this.
If Not That, Then...
Order your own repairs. Most landlords don’t allow their residents to do this. If you decide to take this step to show them that you’re serious, send a letter to the landlord stating what you are going to do, who you are hiring, when they’re coming, expected costs, and that you will pull the costs from your next rent payment(s). Hopefully, the landlord will get the message and have the problem taken care of immediately. If not, after the problem has been fixed, resend the letter and include the receipt with before and after pictures.
Last Stand
You can take your landlord to court, but I wouldn’t recommend this. When a problem gets to this point, you might as well move out. And make sure you move to a place where the owner cares about their property and the residents who rent from them.
