A Tenant's Rights to Landlord Repairs

A residential tenant has a right to live in a habitable rental property. Minor repairs in a rental unit, such as changing a faulty light bulb, are a tenant’s responsibility. Landlords are responsible for necessary repairs, such as a leaky faucet or faulty air conditioning.

The landlord should clearly outline their responsibilities in the lease agreement. Even if they do not, the law outlines many landlords’ responsibilities and obligations.

This article outlines a tenant’s right to landlord repairs in their rental unit. Read on to learn more. If you need legal advice targeted to your specific situation, consult a local landlord-tenant attorney.

Warranty of Habitability

Most courts recognize an implied warranty of habitability in residential leases. Even if the rental agreement doesn’t outline the landlord’s repair responsibilities, a tenant is still covered. The implied warranty of habitability ensures the landlord follows local housing codes.

Under the implied warranty of habitability, the landlord must keep the rental property and unit in a habitable condition. This means that your landlord or their property management company must do the following:

• Ensure that the building is structurally sound
• Ensure that hot water is provided
• Ensure that the roof is not leaking
• Ensure the smoke detectors work
• Ensure the plumbing is operational
• Ensure that both the heating and electrical systems are safe and functional

In addition, landlords must hire an exterminator for a rental property with pest infestations.

Landlord Responsibility for Minor Repairs

While landlords must keep the rental property in working order, an implied warranty of habitability may not cover minor repairs. Minor repairs include fixing the tenant’s microwave or personal property. Landlords have no obligation to address minor issues.

Minor issues in a rental unit typically include grimy grout or soap scum. Although these problems may annoy a tenant, a landlord may not have to repair them.

There are a few occasions when a landlord must make minor repairs:

• If the lease agreement states that the landlord will fix a specific problem, the landlord is legally obliged to do so.
• If the landlord promised to repair, either verbally or in writing, the tenant may be able to hold the landlord to their promise.
• Lastly, state and local building codes and state landlord-tenant laws may require your landlord to make repairs, such as an infestation.

Dealing With a Difficult Landlord

Renters dealing with uninhabitable living conditions have several options for needed repairs.

These options include:

• Ask the landlord to make the repairs
• Fix the problem and deduct the cost of the repairs from the rent
• Withhold rent or pay the rent payment to the clerk of records until resolution
• File a claim in small claims court

If the renter asks the landlord to repair, they must give the landlord reasonable time to respond.

Don’t let your repair requests for unanswered. You have a right to a safe and habitable rental home, and your landlord has a legal responsibility to complete certain repairs. Find local legal help.

Tips for Requesting Help With Minor Repairs

These actions may not apply to minor repairs. Withholding or deducting from rent for a minor repair may lead to an eviction.

Here are a few tips to consider when requesting a landlord make minor repairs:

• Put it in writing: A written request gives your landlord time to consider it. It allows you to make a convincing argument by showing the landlord the potential for injury caused by a minor problem.
• Mediation: Free or low-cost mediation services may specialize in landlord-tenant relations. Contact a mediation service if your written request doesn’t get the repair done. The service will contact your landlord and invite them to meet with a neutral mediator to reach a resolution.
• Report your landlord: Sometimes a minor problem violates building or housing code. Contact your local housing authority. These agencies can inspect the problem and may contact or fine the landlord.

Get Legal Help With a Landlord Issue

Landlord-tenant issues are often complex. Understanding your rights and obligations will help you navigate the exchange successfully. An experienced landlord-tenant attorney can explain your options if you’re stuck in a dispute and can’t find a solution on your own.