Tenant Rights when the Landlord Won't Fix Things

Is your landlord taking advantage of you? Don't let it continue; take action!

Renters are always confused about exactly what privileges they possess as a rent-paying individual. Here, I hope to clear up some misconceptions and let the readers know exactly what they are entitled to from their landlords. Empowered with the correct legal knowledge, renters can confront their landlords and ensure they do not continue to be taken advantage of.

In order to keep this article applicable to all readers, I will focus this discussion on law common to most states. Please keep in mind that some states have laws that add an extra layer of rights for the tenant. Also keep in mind that I am focusing the discussion on residential tenant law; there are several sources on the internet discussing commercial tenant law.

Most law in this field is derived from the Uniform Residential Landlord and Tenant Act (URLTA) and the Model Residential Landlord-Tenant Code. Key to the URLTA is the implied covenant of quiet enjoyment. This means that you, the tenant, will not be disturbed by anybody with superior title (a.k.a the landlord or owner). Breach of this can be either actual or constructive; an example of a constructive breach is when the landlord causes the property to become "uninhabitable."

Oh, by the way, "uninhabitable" does not mean the same thing as unlivable. The law does not provide strict legal definitions of "uninhabitable," but it provides a few guidelines. For example, things like cockroaches, mold, a missing window screen, an unlit stairway, and peeling paint could all potentially be reasons for your apartment to be deemed "uninhabitable."

OK, so the landlord breached this covenant. What now? You have a lot of options.

Your first choice, in most states, is to get out of there free and clear. While you are normally required to give 30 days notice, most states allows you to move out without telling the landlord or even giving him a chance to fix the problem. Many people have used this little legal clause to help get them out of paying penalties for moving out of the apartment early.

Second choice: call the authorities. In this case, "authorities" refers to the Health Department and Building and the Safety Department. This method makes for sweet revenge. Landlords who do not follow building codes and health codes can get slapped with hefty criminal penalties. It's fairly easy to do this. First, simply call up the County Supervisor's office with a few key complaints. After this initial conversation, the inspecting group will come out and talk to you; when you see them, hand them a list of all defects you are complaining about. The inspector will write a citation to the landlord and give them a specific time frame in which the landlord must finish all repairs (or else he/she will face monetary and/or criminal charges).

Another option you have is to repair broken items yourself and deduct the charges from your rent check. This one is annoying in that it requires the broken item to be related to habitability, you are required to first notify your landlord about the issue, and you have to give your landlord a reasonable amount of time to fix the mentioned problems. There is a lot of gray area in defining exactly what a "reasonable amount of time" means.

Fourth, you can deduct rent. It is typically hard to find a case when this is legally acceptable. You can only do this if you are living in an illegal unit (like a converted garage) or if you live in a rental unit that currently has a "substantial reduction in habitability." A landlord is technically not allowed to collect rent from you in these cases. In some previous legal cases, lack of heating in the winter and exposed wiring were both allowed as reasons for withholding rent.

Your last possible solution is the most time-consuming, but the most potentially rewarding. Most successful lawsuits against landlords mainly revolve around breaches of contract and nuisance claims. I would suggest you take your case to small claims court (claims of up to around $5,000). Small claims suits are over in about one month versus the several years that a regular case would take. Lawyers are also not allowed in small claims court, so your main cost would simply be the small filing fee, which is usually about $20.

No matter which of these actions you are considering, it is always a good idea to take 5 basic steps before doing anything. These will make sure that the landlords don't end up unfairly winning in court.

1. Call the landlord and ask him to fix things immediately.
2. Write a letter saying you're leaving under the state code that permits you to do so (e.g. California uses Civil Code 1942). Also, request an immediate final walkthrough in order to get back your security deposit.
3. Take pictures of every defect, every room, and the exterior of your unit.
4. Take notes on what was wrong with each item.
5. Keep copies of everything, including your rental agreement.

The key point here is: don't be victims of a slumlord. Take action and make your landlord pay for his/her wrongs against you! Once tenants are empowered with the information needed to stop landlords from taking advantage of them, landlords will know to stop exploiting renters from their self-established high pedestal.

Professor J is an editor at http://www.roomapes.com , a site where you can post, rate, and search roommates.