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Residential Tenants Remedies for Their Landlord's Failure to Maintain the Rental Property
If a residential landlord intentionally or negligently fails to provide essential services such as running water, gas, electricity heat or air conditioning or shuts off running water, gas, electric service, heat or air conditioning, the the tenant should give the landlord written notice describing the problems and request immediate restoration.  If the landlord fails to comply in a timely manner the tenant may do one of the following:      a.    Subtract the cost of obtaining reasonable services from the next rent payment. For example, if the tenant has to buy water because there is no running water, the tenant should save and provide the landlord a copy of the receipts and subtract the cost of the water from the next rent payment;      b.    Sue the landlord for an order directing him to restore the services and for the decrease in rental value during the time the tenant waited for repairs; or      c.    Temporarily move out until the landlord makes the necessary repairs. The tenant may then deduct rent for the time they did not live in landlord's rental property. For example, if the tenants rent is $750 a month, then their pro-rated daily rent is about $25. If the ... more

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