What Happens if My Landlord Is Unresponsive?

A residential lease has two main parties: a landlord and a tenant. The landlord is usually the property owner. A property manager or property management company may represent them. The tenant, or renter, is the party who will live in the rental property during the term of the tenancy.

Each party has rights and responsibilities under landlord-tenant laws. For example, landlords must make certain repairs to the rental unit after becoming aware of problems. But when a landlord stops responding, tenants and their families can be left in unsafe conditions without any hope of a resolution. But just because your property manager is unresponsive doesn’t mean you’re out of options.

This article guides you through what to do when your landlord won’t respond, from documenting the problem to asserting state and local protections. You’ll learn your rights, the steps you can take when repairs aren’t being made, and when to get legal help if your landlord continues to ignore you.

Tenants Are Entitled to a Habitable Place To Live

One of the tenant’s rights is the right to a habitable place to live. A “habitable” home is a home that is free from:

• Dangerous conditions
• Substantial infestation
• Other problems that make the rental premises unlivable

One of the landlord’s duties is to make needed repairs. They must perform necessary maintenance to keep the property habitable and compliant with housing codes. Even if the rental agreement doesn’t require certain upkeep, it still applies.

Local government and housing code enforcement agencies can compel landlords to make certain repairs. If a landlord fails to make necessary repairs or otherwise retaliates by threatening eviction, you may be able to report them to your state’s department of housing.

Examples of issues that can make a home uninhabitable (which vary by state and locality) include:

• Lack of running water
• Unsafe wiring
• Holes in floors or stairs
• Broken locks
• Rats or cockroach infestation
• Structural deficiencies (like falling beams or an unsafe roof)

Habitability is an implied warranty, meaning the landlord has a legal duty to maintain the standards of habitability. This is true no matter what your lease agreement says. When your rental — whether it is a house or an apartment — becomes uninhabitable, you should immediately notify your landlord and ask for repairs.

An unresponsive landlord might mean you may need to follow up a few times. But you might think, “My landlord keeps ignoring my phone calls!” In these situations, you may need to take legal action.

You have a legal right to a safe, habitable rental home. Don’t let your requests for necessary repairs go unanswered. If your landlord won’t respond or refuses to make repairs, an attorney can step in to assert your rights. Find local legal help.

Steps To Take When a Landlord Refuses To Make Repairs

If your landlord refuses to make repairs or perform necessary maintenance in a timely manner, you can take a few steps to encourage your landlord to act.

First, inform your landlord that you know your rights and that the rental’s current condition violates habitability standards.

Next, review your state and local laws to determine your next steps, which could include:

• Repair and Deduct: Hire an outside party to fix the problem, then deduct the cost from your next rent payment.
• Contact the Local Housing Authorities: If the issue violates the state or local housing code, contact local housing authorities for an inspection and report. Housing officials could then order your landlord to fix the problem.
• Reduce or Withhold Rent: You could withhold or reduce rent payments until your landlord fixes the problem. Note: You must meet certain requirements before you can reduce or withhold rent, so take this step cautiously. Some states require you to place withheld rent in an escrow account.

Take photos of the issue and document every attempt to contact your landlord. Save all contact information and keep a paper trail of all your actions concerning the repairs. Consider sending certified mail to prove your landlord received your complaint and knew about the problem. Ultimately, you may need to file an action in court with an attorney’s help.

Protect Your Rights and Your Rental Home: Get Legal Help

You may need legal aid when your landlord refuses to make repairs or perform maintenance promptly. Issues affecting your home’s habitability could be considered material noncompliance. Material noncompliance is essentially a breach of contract, and the landlord could be liable for damages. You and your family have a right to a rental home that is safe and sanitary.

FindLaw’s directory of landlord-tenant lawyers can get you started. Enter your city or ZIP code for a list of legal professionals in your area. Because state and local laws are relevant, your attorney should be licensed in the state where you live. Your search results will also show important details about prospective attorneys, like ratings, areas of practice, and whether they offer free consultations.