Jan 06 2009
Back to the Uninhabitable question
OK, taking this a step further, if the landlord doesn't fix the non-operational bathroom and kitchen lighting we talked about last week, what is the next step?
The tenant should call and follow up with the landlord. If that yields no response, then a formal request for repair should be made in writing. Sending in a letter with the rent check or via certified mail is a way to track receipt.
Ultimately, the tenant can hold back payment of rent if they had to pay for a repair that was an emergency or requirement to make the home habitable. However, attempts to allow the landlord to correct this problem should be made. If tenant requests are made, documented, and ignored, there are two choices left:
1) Hire an electrician to make the repair — after giving the landlord ample notice of the intent, then provide receipts and proof of payment to the landlord, asking for reimbursement. If the landlord will agree to accept the repair value in lieu of rent, get a written agreement.
2) Give the landlord the required notice and move out. Often moving is the easiest solution, since the landlord is likely setting a precedence for all repair requests. If there is a term lease involved, then moving out may not be a solution as it would break the lease and incurr further legal issues.
Should the tenant elect to pay for the fix, it's possible the landlord won't reimburse the repair. Then comes the choice to eat the cost and continue on as a renter, or cut your losses and move. Withholding the repairs from rent is valid in some situations, though the landlord may still start eviction proceedings for non-payment of rent. Going this route involves time, patience, and a clear paper trail.









