Landlord-Tenant Law
The lease | Expiration of lease | Subleasing | Security deposit | Repairs | Eviction
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Repairs
One way to avoid problems with repairs is to have a written agreement, preferably in your lease. The agreement should state which repairs are the landlord's responsibility and which are the tenant's.
The landlord should be responsible for repairs caused by ordinary wear and tear and natural forces such as the weather. Tenants should pay for damages resulting from their own negligence or the negligence of a guest.
If repairs are needed, ask the landlord to make repairs within a reasonable period of time. If repairs are not made, make a written request for the necessary repairs and keep a copy of the letter.
If the repairs still are not made, the tenant may seek legal assistance. If the dwelling becomes unsafe due to the repair problems, the tenant should contact local health or housing authorities.
If a tenant withholds rent payments until repairs are completed, the renter may be in violation of the lease and may be subject to eviction.
Under very limited circumstances, the tenant may make repairs and deduct the cost from rent if the tenant:
- Has lived on the property for at least six months.
- Has paid all rent owed.
- Is not in violation of the lease.
- Has notified the landlord of the problem and has allowed at least 14 days for the landlord to respond.
- Has, at the landlord's request, received verification from city inspectors that the problem violates city code.
If the landlord still does not fix the code violation within 14 days of receiving the city's notice, then the tenant can proceed with the repairs.
The amount of the repair must be verified by receipts. In most cases, the cost of repair must be less than $300 or one-half month's rent (whichever is greater), and can be done once a year.
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