If a landlord refuses to make major repairs that affect the habitability of a rental unit, the tenant's options include calling governmental building inspectors, withholding rent, repairing the problem and deducting the costs from rent, moving out and suing the landlord. All these options carry potential consequences that the tenant must be prepared to face.Continue Reading
Reporting a problem to building inspectors typically gives the landlord 30 to 60 days to fix a problem. This method of dealing with a landlord is questionable since inspectors are not always effective.
Most states allow tenants to withhold rent if a landlord's actions result in health and safety issues. However, each state's laws have slightly different requirements, and tenants should be sure they are following all the rules if they choose this option. "Repair-and-deduct" laws also vary from state to state, Often, this option is impractical if the problem involved is very large.
Tenants who are prepared to break their lease and move out due to a landlord's refusal to make repairs should also confirm their local laws, which may require them to make a report to building inspectors and to grant the landlord a set amount of time to remedy the problem. Suing a landlord should only be done if a tenant wants to stay in the rental unit. Tenant-landlord lawsuits are typically handled in small claims court.
Nolo warns that a tenant preparing to take action against a landlord for failure to make repairs should make sure certain conditions are met. The problem must affect health or safety and must not be the tenant's fault. The tenant must be paid up in rent and must have given the landlord ample opportunity to resolve the problem. Finally, the tenant must be willing to face eviction.Learn more about Real Estate
Some of the basic laws that regulate the relationship between landlords and tenants in New York involve the habitability of the space, the amount of rent landlords can charge, and the tenant's rights to sue or withhold rent, as of 2015. Regulations also prevent the landlord from retaliation or discrimination.Full Answer >
Tenant rights vary from state to state, but renters typically have the right to quiet enjoyment of their rental unit, non-discrimination, repairs and habitability, says Money Under 30. Most states also have laws regarding how long a landlord has to return a security deposit.Full Answer >
Laws regarding a landlord's legal responsibilities for tenant emergency repairs vary by state, and individuals seeking tenant rights information should check local and state online resources. In most states, landlords are legally required to make essential repairs that protect the safety of tenants, and time of repairs vary.Full Answer >
A lease proposal letter needs to include a heading that provides the landlord and property information; a body that includes the terms of the intended lease, such as the proposed lease dates and duration, rents and financial details; and an outline of the tenant and landlord responsibilities regarding insurance, repairs or other extenuating costs with the proposal's conclusion providing deadlines for acceptance or negotiations of the terms by all agreeable parties. A lease proposal is a guideline that is written as an initial contract but it is not a binding contract until the terms are established and agreed upon in a signed lease agreement, notes an example of an agreement on the Commercial Real Estate Institute (CREI) website. Many lease proposal templates are available online.Full Answer >