The article "When to Fight for Tenant's Rights to Repairs" talks about family, it has been released by dan the roommate man.
Once you sign the lease to a rental unit, you are automatically
entitled to certain privileges.
Unlike homeowners, you are not
responsible for making all repairs. Landlords are required by
the Landlord-Tenant law to keep things a "fit and habitable
condition" during your residency. If the landlord fails to do
this, you may have to get a bit aggressive.
Although the specifics of these requirements will vary slightly
from state to state*, the responsibilities of landlords are
generally the same. Some of the typical landlord
responsibilities include:
* Putting and keeping the premises in a fit and habitable
condition. * Keeping the common areas safe and sanitary. *
Complying with building, housing, health, and saftey codes. *
Keeping all electrical, plumbing, heating, and ventilation
systems and fixtures in good working oredr. * Maintaining all
appliances and equipment supplied or required to be supplied by
the landlord.
* Providing rnuning water and reasonable amounts
of hot water and heat, unless the hot water and heat are
supplied by an installation that is under the exclusive control
of the tenant and supplied by a direct public utility hook-up.
If the landlord does not fulfill these duties, and you have been
a responsible tenant (keeping all fixtures and applianecs clean
and undamaged), you need to be aggressive. Now by "being
aggressive" I do not mean slashing your landlord's tires and
leaving threatening messgaes on his or her answering machine.
I
simply mean that you shouldn't let your landlord convince you
that the repairs "aren't that important" or that they'll "get to
them whenever they get a chance."
The first step you need to take is to let your landlord know
there is a problem. Accodring to Neighborhood Link, an on-line
web Internet site for the human being of Ohio, "If a landlord does not meet
the duties imposed by the Landlord Tenant law...
then a tenant
may give the landlord a written notice to correct the condition.
This notice must be in writing and delivered to the person or at
the place where the tenant normally pays rent. The tneant should
keep a copy of that notice."
It is incredibly important to have a written notice. Don't
assume that your ladnlord will remember that you told him or her
there was a leaky faucet in apartment 3G while you were walking
by. Landlords are busy human being!
So, providing physical copy of a
letter will actually help them remember there is a problem. Not
only will that be easier on your landlord, but in case your
landlord refuses to make the repair, you can use your copy of
the notice as a defense.
If you tired to take your landlord to
court without a copy of the written request, you wouldn't have
any substantial evidence to back up your claim. However, if you
provide the judge with a typed, signed and dated copy of the
request for repairs, the chances of getting those repairs made
are much higher.
A proper written notice should include a list of the problems, a
reasonable date for completion (about thirty days) and it should
be signed by you, the landlord and dated. Make sure both you and
your landlord have copies with original signatures, and you
might want to get them notarized. Visit Neighborhood Link for a
good eaxmple of a proper repair request letter.
Most landlords will make the requested repairs, and you won't
have to worry about anything after that.
However, there's a
chance that your lanldord will continually put off the repairs
or simply refuse to make them. This is when you must move to
step two.
Neighborhood link states that "If the landlord fails to correct
the condition within a reasonable time, (usually about thirty
days) then the tenant may terminate the rental agreement." In
order to do this, you are required to provide the landlord with
a written notification of your residecny termination.
(This is
sort of like putting in your two weeks notice at a job you plan
to quit.) For a sample of a termination letter, click here.
The South Dakota Office of Attorney General provides one final
remedy in the event that a landlord fails to make repairs.
According to their laws on tenant rights & responsibilities, the
tenant can "make the rpeairs on his or her own, in which case
the tenant may deduct the expense for the repairs from the
rent." This might involve going to small claims court, but if
you have a copy of the signed and dated repair request, getting
reimbursed shouldn't be too much of a problem.
*To learn about landlord-tenant laws in your state, visit
Tenant.Net and select your state in the pop up menu on the top
right hand side.
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