What rights does a tenant have when a landlord refuses to do repairs?

Well, it depends largely on the type of repair.  If a needed repair renders a unit inhabitable and could be considered an emergency, a court would likely side with the tenant.  If a toilet is backing up and not working, a court would likely rule that a tenant was in the right to call a plumber right away to remedy the problem and seek reimbursement from the landlord.  Some local rent control laws may even provide for such urgent repair costs paid by tenants to be deducted from the subsequent month's rent.

Smaller and less urgent repairs, such as a washing machine repair, should be taken care of by the landlord if use of the appliance is included in the lease agreement.  If the landlord provides such an appliance, it is their responsibility to maintain or replace it when necessary.  With non-emergency repairs, it's a question of what is reasonable or not.  If the landlord has been notified of a problem, and some time has gone by, it would likely be ruled by a court that it's reasonable that a tenant made the repair and is due reimbursement for parts and labor.

 

 

 
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1 Comments on When a Landlord Refuses to Make Repairs

MAY
04
2009
1,393,622 Points 28 Featured Posts Hit Router Called Shot Master

Good post James.  Additionally, states will have a procedure to outline the tenants rights in such situations and in the case of many states, allow deductions in all or part of the rent from being paid until the situation is remedied.
6:47am • #1


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