One problem that tenants often face with landlords is not getting repairs done in a timely manner and in some cases at all. While some repairs might be an inconvenience, others are critical and time-sensitive problems that can make the property virtually unlivable if not quickly taken care of.
Not paying rent if repairs aren’t done at the property you’re renting is often grounds for having your lease terminated and being evicted. Having said that, you have the right to get repairs done in a timely manner and have options available to rectify the situation determined by local laws and your lease agreement.
Can I Stop Paying Rent If Repairs Aren’t Done?
On the whole this is a difficult to question answer without specifics because:
- Not all repairs are equal. A squeaky staircase doesn’t equate to a broken furnace in the middle of winter.
- Local laws and even your lease may offer specifics that state what needs to be done by the landlord and in what time frame, along with what the tenant can do if repairs don’t take place.
Ultimately, a court may decide whether or not you have the right to withhold some or all rent but before you take that (potentially costly) step, you need to learn more about who – you or the landlord – is responsible for what repairs.
Does The Landlord Have To Fix Everything?
A landlord is generally responsible for major repairs that one would reasonably expect including heating, electrical, plumbing, appliances and structural repairs. This would include repairs outside the house such as roof, gutters, windows, doors, driveway, garage and many other aspects of the house inside and out. Your tenancy agreement – or local laws – might specify more specific items that they are responsible for.
Any safety and security related concerns would also be a responsibility of the landlord such as door and window locks, stairs and steps.
Other Landlord Responsibilities
Beyond specific repairs as listed above, a landlord is also responsible for:
- Adherence to safety codes ie. proper fire exits.
- Smoke detector and carbon monoxide detector installation.
- Taking care of insect or other infestations that could make the property uninhabitable.
- Mold cleaning and removal.
- Occupancy standards.
- Childproofing when required.
What Does The Tenant Have To Fix?
Generally, a tenant would be only be responsible for minor replacement of items that wear out such as light bulbs as well as damage and general maintenance and cleaning activities.
In some rental agreements you may be required to take responsibility for all repairs under a certain amount of money (ie. $50) up to a certain amount maximum each year.
Unless otherwise specified a tenant would also be responsible for snow removal, lawn mowing and maintenance of that nature.
Fun fact: In some jurisdictions, a renter can actually hold a landlord responsible for even minor “repairs” such as light bulb replacement. While most tenants wouldn’t be aware of this quirk, others wouldn’t bother taking advantage of it and expect light bulb replacement even though they could if they wanted to.
Wear And Tear
Over time even the best maintained property will need replacements or updating potentially in many areas. Non-critical property repairs that may be required could include things like:
- Scratches on the floor and walls
- Paint chips and scratches
- Worn out carpets
- Rusted or calcified faucets
- Chips on tubs and basins
- Reasonable scratches or marks on kitchen and bathroom counters
- Driveway resealing
Wear and tear is typically something that a landlord would ultimately be responsible for. Landlords often replace things while a tenant is in place if they request it. Other repairs such as flooring or carpet replacement that requires an empty unit might be done at the end of a tenancy when the old tenant has moved out and before the new one moves in.
Tenant Damage
Tenant-caused damage or repairs are generally the responsibility of the tenant. This could include things like:
- Carpet stains and rips
- Hardwood floor dent and nicks
- Holes in the wall
- Pet damage
- Clogged drains from regular use
- Poor performance from a dishwasher whose filter simply hasn’t been cleaned
How Long Should A Tenant Wait For A Repair?
Depending on the repair you may find reasonable repair time frames such as the following:
Emergency repairs eg. flooding: It’s the landlord’s best interest to get this repaired as soon as possible so you may get same day repair if possible.
Critical repairs ie. electrical, broken water heater, major appliance broken: Within 7 days is usually allowed. Unfortunately, while you can demand immediate service for these inconveniences, sometimes service repair staff can’t make it out for a day or so and then might need a return visit with parts. In the case of appliances you might need a complete replacement which can take longer to order, deliver and install.
Non-critical repairs ie. dripping faucet, minor broken appliance that was supplied by landlord, broken ceiling fan: Up to 30 days is generally allowed. With repairs and replacements such as these, they are repairs that won’t make the unit unlivable or unsafe but are inconveniences that need to be addressed.
When in doubt, check your lease and also check local landlord and tenant laws because they vary depending on where you live.
Who Do You Call When The Landlord Won’t Fix Things?
If your landlord has repeatedly refused or ignored requests to fix a legitimate repair job, you have options available to get a resolution. Document any phone calls you make to them and also send emails to create a paper trail that you can use to prove you attempted to get the repairs done.
If your landlord is a company, go over the head of the person you typically deal with and go as high as you can in the food chain to make a noise loud enough that someone in the company hears. The squeaky wheel gets the grease as they say.
If your landlord is an individual person and they aren’t responsive, make sure you have documented the attempts to contact them (phone call logs, print outs of emails) and either consider sending them a registered letter or contact them one last time to let them know you are pursuing legal action. That alone may get their attention. If not, contact a local tenant group and local politician’s office to point you in the right direction of help.
What Can I Do If My Landlord Won’t Fix Things?
Before you do anything, speak with a tenants advisory group which you may find in your local area as suggested above. If they don’t exist, you can try to find a local lawyer who might do a free or cost effective initial free consultation to discuss options for your situation. Some specialize in landlord and tenant matters. Your local county courthouse may offer some direction.
What you can do will depend on how critical the repair work that is being ignored is. Depending on where you live and your local laws, options that could potentially exist if the situation is serious enough include:
- Withholding all or part of your rent until the repairs are made.
- Taking care of the repairs yourself and deducting the cost from the rent.
- Ending the lease as a direct result of the landlord failing to abide by the terms of the lease.
- Getting other people together if you live in a building with multiple units and several or more of you are having the same problem.
- Going to the local media or to your local politician and asking them for help and publicity which could shame the landlord into action.
- Taking your landlord to court.
The issue with withholding or not paying rent and tactics of that nature is that it could then give the landlord a legal reason to evict you if you are deemed to have violated the lease. Plus if you’re not planning on staying in the unit for much longer, would a court case be worth your time and effort?
Summary
Before you stop paying rent, understand your local landlord and tenant laws because it will help to determine if you have a case and whether a court would find in your favor or against you. If you have a local tenant advocacy group or one that you can find online to speak with, you may get some initial feedback regarding if you have the right to withhold rent and if so, what you need to do to document everything you did leading up to this decision.
Want to learn more about what concerns landlords the most? Check out my article called Common Problems Faced By Landlords to learn more.
