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Getting Your Fix: Tenants' Rights to Minor Repairs
- the terms of your lease
- any oral or written promises your landlord has made
- state and local building codes, or
- state landlord-tenant laws.
How to Get Your Landlord to Make Minor Repairs
It's often harder to enforce your rights to minor repairs than major ones. Tenants in an uninhabitable dwelling are often allowed by law to withhold rent or use "repair and deduct" procedures, but taking those actions for merely minor problems could get you evicted. There are, however, a number of proven strategies for getting landlords to take care of minor problems.
1. Write a repair request. Even if you've already asked your landlord to take care of a problem, a written request is almost always helpful. It gives you a chance to articulate the problem clearly and point out why it's in the landlord's best interest to have it fixed. A letter also allows a reluctant landlord to think it over without having to give you an immediate answer (which often results in a knee-jerk "no").
Try to develop a number of themes in your letter. One effective tactic is to explain that the problem might become worse -- and more costly to the landlord -- if it's not taken care of right away. A landlord might find it easy to ignore your drippy faucet until you point out the possibility of an overflowing sink and water damage to the floors.
Another theme that will grab your landlord's attention is the potential for injury. A hole in the stairway carpeting could cause someone to trip and fall, making the landlord liable for the injury. Landlords are also sensitive to security issues, so be sure to point out any security risks created by your problem, such as a broken lock or faulty hallway light. Finally, if the problem affects other tenants, be sure to emphasize that.
2. Propose mediation. If your oral and written requests are ignored, contact a mediation service, which will invite the landlord to meet with you and a trained mediator. The mediator will help the two of you reach a mutually-acceptable solution, but will not (unlike a judge) impose a solution. Many communities offer free or low-cost mediation services as an alternative to going to court.
FAQs
- Are there any limitations on the use of repair and deduct?
- Does the implied warranty of habitability apply only to tenants living in slum buildings?
- Does the landlord have the obligation to maintain the premises and to make repairs if defects occur?
- What can the tenant do if the landlord refuses to maintain the premises?
- Can the tenant do anything if the landlord refuses to make repairs?
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