Tenants who rent apartments or houses have the right to live in housing that’s habitable. That means landlords must complete any repairs that prevent the tenants from living there. Sometimes, though, the repairs are minor or cosmetic. Who is responsible to make those fixes?
What Must a Landlord Fix?
To keep the rental habitable, the landlord must ensure that it’s structurally sound. It should also have hot and cold water, a non-leaking roof and safe electrical, heating, plumbing and ventilation systems. A landlord must also pay to remove pest infestations unless it’s caused by a tenant’s poor housekeeping or other wrongdoing.
What Does a Landlord Not Have to Fix?
Certain minor problems in a rental property are not a landlord’s responsibility to fix. Examples include running toilets, leaking faucets, small carpet holes, torn window screens and dirty grout.
There are only three times when a landlord must fix these minor or cosmetic repairs.
1. These repairs are included in the rental agreement as the landlord’s responsibility.
2. The landlord promised verbally or in writing to fix the repairs.
3. State and/or local building codes mandate that the landlord make minor repairs that otherwise are not his or her responsibility.
How to get a Landlord to Make Repairs
While most landlords are responsible, some do slack on their duties to make repairs. Tenants have several options.
First, do not withhold rent or make the repair yourself and take the total out of the next month’s rent. You could be evicted rather than see the repair get done.
Instead, put your repair request in writing. Outline the exact reasons why you want the repair and why it would benefit the landlord. Include details to show the landlord that by not repairing a minor problem it could pose a safety risk that ultimately costs him or her more time and money in the future.
Mediation would be the next step. Find a free or low-cost mediation service in your area and sit down with the neutral party and your landlord to discuss a resolution.
You could report your landlord to the building or housing code, and the authorities will inspect the property. If violations are found, the landlord will be required to make repairs.
A lawsuit would be the last resort. You have to prove that the problem caused the rental value to decrease, and your win will likely end your relationship with your landlord forever.
If you rent a property or are a landlord, understand who’s responsible for making repairs. Make sure both parties have adequate insurance, too, as an extra layer of protection.
