What Can I Do When My Landlord Won't Make Repairs
Introduction
Introduction
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The law requires that landlords maintain the property, unless a tenant waives it.
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A repair problem cannot be the results of any damage caused by the tenant or any of the tenant's guests.
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A tenant must not cause unnecessary or excessive wear and tear. A tenant may be liable for the costs of this type of damage.
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Under the "Warranty of Habitability" the law does not allow a tenant to waive some repair problems. These types of repair problems affect health and safety in a residential property.
Examples Of Common Warranty Of Habitability Problems Include:
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Missing or inoperable smoke and carbon monoxide detectors
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Plumbing deficiencies
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Electrical Problems
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Lack of required and functionable utilities or appliances
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Inadequate or inoperable permanent heating i.e. lack of heat
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Insufficient ventilation i.e. bathrooms/kitchens
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Missing or broken vent screens
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Rodent, pest, or other infestations
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Cockroach and bed-bug infestations
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Inadequate weather proofing
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Noncompliant security bars over windows
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Broken locks and keyed exit doors
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Deficient and non-compliant handrails
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Sewer on the surface of the ground
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Collapsing ceiling/structure/foundation
Health And Legal Issues That A Person Might Face Because Of Poor Living Conditions
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Bad air quality,
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Dampness or mold,
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Pests, e.g. rodents, bed-bugs, termites,
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Asthma,
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Lead poisoning,
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Poor water and sewage,
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Environmental waste,
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Or other health and safety issues.
Summary Of Options When You Have a Repair Problem
Identify the types of repairs necessary and ask if the problems make the property uninhabitable.
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Ask the landlord to fix necessary repairs (Use our free app to create the letters required by law.)
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Report unsafe conditions to code enforcement authorities or pursue other legal action
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Move-out to temporary housing. A landlord does not have to pay for a hotel or other accommodations unless agreed-upon.
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Cancel the lease. Determine whether the property is capable of living in. A property that is completely destroyed might allow a lease to get canceled. A property that is only destroyed only in-part may not get canceled. Depending on the situation there may be a possible reduction in rent or the lease might end.
- Do not withhold rent at any time. A tenant can get evicted for nonpayment of rent. A tenant cannot withhold rent in order to get the landlord to make repairs.
Repair And Deduct Process
What Is Repair And Deduct?
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Repair and deduct is a legal process that allows you to notify your landlord that you need repairs to your home. If the landlord does not make the repairs you can make them yourself. You can then demand reimbursement or take the costs out of the next month's rent.
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Repairs must be necessary to use the repair and deduct process.
Warnings About Repair And Deduct
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The repair and deduct process must only get used for future costs to fix a repair problem. A tenant cannot use repair and deduct for past rent due.
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A tenant should never withhold rent at any time. Any tenant who withholds rent may get evicted for nonpayment of rent.
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Tenants who live in public subsidized housing can find out how to report repair issues. Tenants must follow process to report a quality standards issue. A tenant can get evicted or lose housing voucher status if they do not comply. A tenant can contact their government or housing authority to report a problem.
Use Our (Free!) App To Help You With The Process: app.louisianalegalnavigator.org
Repair and Deduct Steps
✅ To see if you qualify for this process under the law, and to complete all of the required letters, use our free app.
When a written lease exists, review your lease:
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Check to see if there is any waiver.
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Check to see if the lease says the tenant should expect to fix any types of repairs.
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Check to determine the date the lease began and when it expires.
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Check to see if there is any type of notice you must give to communicate property issues with the landlord. If your lease has a type of specific method or procedure to report problems, then you must comply.
Identify the types of repairs needed and determine the repair need.
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Determine whether the repair is a type of repair that is necessary.
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Determine whether the repair can get completed after the lease ends.
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A landlord is not obligated to fix minor repairs.
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A landlord is not obligated to fix or pay the costs for damage caused by the tenant or the tenant's guests.
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A property that gets destroyed by an event such as a natural disaster, then the lease might get canceled. The property must be completely destroyed for the lease to get canceled.
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Draft your letter.
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Give your landlord notice about the problem and the need for necessary repairs.
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All requests to repair a part of the property maintained by the landlord must be in writing.
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Give your letter to the landlord.
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You can send your letter by mail, email, text-message, or deliver the letter in-person.
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If your lease gives you a method of notice you must follow those guidelines to send your notice and demand.
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A tenant should keep a record of all maintenance and repair problems. Keep a copy of all types of communications, receipts, or other information.
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After you send your letter, wait to hear from your landlord.
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Allow your landlord to access the property to make the repair. A landlord does not need to give you notice to enter and make a repair.
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Continue to document the repair issue if things change while you are waiting.
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Document any communication with your landlord if your landlord replies to your letter. Your landlord may also not respond at all.
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A tenant should not withhold any rent to force the landlord to make a repair. Any tenant who withholds rent may be subject to eviction for nonpayment of rent.
- A tenant can generally make a repair themself if they choose. This is not recommended unless you have professional experience to fix the repair. e.g. A tenant who is a plumber who fixes a leaky pipe in their home
- Look for a professional or qualified person in the line of work needed to make your specific repair. You can use a google search for a repair professional or handyman in your area.
- Look at the costs of the repair or the repair estimate. You cannot use repair and deduct to make repairs that are more than your price of rent. e.g. If your rent is $1000, then you cannot demand reimbursement or fix repairs for an amount that is more than $1000.
- Find a qualified professional to give a real and accurate estimate for the costs of the repair. The price to pay for the repair must be reasonable. You need to show payment, billing, bank statements, or receipt of payment for expenses.
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A tenant can fix the repair themselves only after the landlord failed to fix the repair. The landlord must fail to fix the repair in a reasonable time based on the type of repair. The landlord may also refuse to fix the repair at all.
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A tenant should not begin or make a repair if they have not allowed a reasonable time to pass. The landlord has a reasonable time to respond and fix the problem. Emergencies may shorten the timeline the landlord has to make the repair.
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Take pictures and/or video of the property condition before and after the repair.
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Gather any documentation to show proof of the work done, the length of time it took, the costs, and extent of damages.
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Gather any documentation of the recommendations or professional opinions about the repair.
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Gather any reports about the work done and completed to make the repair.
- When the tenant completes the repair, then:
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A tenant can demand immediate reimbursement, OR
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Deduct costs of the repair to future rent. You cannot deduct the costs of the repair to past-due rent.
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Draft a second demand letter to your landlord:
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In-writing,
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Demands immediate reimbursement for the costs to repair OR,
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Notifies the landlord the tenant is using repair and deduct procedure to deduct for a repair. The tenant can deduct the reasonable expenses from the cost of future-rent due.
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Attach all proof or other evidence including payment or receipts to show the price paid.
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Include any other documentation, proof of communication, or other proof about the repair.
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- You are not likely to get evicted for nonpayment of rent if your landlord accepts the rent you pay. Your landlord may accept the partial payment including deducted repair costs. Make sure that you send notice by letter and proof of the cost of repairs when you pay your rent in this case. Be sure to pay your rent on-time.
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Your landlord may send you a reimbursement for costs if you demanded one in your letter. If your landlord refuses to reimburse you, then you can find out if you can take legal action in small claims court.
- In some cases, landlords may still try to evict a tenant for non-payment of rent. If you continue to keep your documentation and record your information, then you can use it as proof. The repair and deduct process is a defense to eviction. By following the procedure, continuing to pay rent, keeping your records you get proof to use in court. A tenant only needs to gather their evidence and documentation if they get evicted and must go to court.
Other Options If Repairs Aren't Made
Lease cancellation
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Before the end of the lease, You might be able to ask your landlord to end the lease early without penalty and vacate the property.
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If you are unable or unwilling to make the repairs yourself,
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The landlord refuses to make the necessary repairs, OR
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If there are still unresolved repair issues creating an unsafe and uninhabitable home.
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You must still document:
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The repairs were necessary, AND
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You asked your landlord to make repairs and your landlord refused to make those repairs. You must send a written letter notifying the landlord and allow the landlord a reasonable time to repair.
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- Tenants who are on a month-to-month lease should be aware that a landlord can evict a tenant with a ten (10) day notice. The landlord can do this before the end of the month. The landlord can also refuse to make the repairs you demanded.
Report To Code Enforcement
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You must find out who your local housing authority is and follow the process to report the issue.
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You can take legal action with public officials i.e. The Office of the Attorney General in Louisiana.
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Tenants in federal subsidized housing, tenants must follow the process to report problems. Failure to follow this process with the correct authority may result in eviction or the loss of a housing voucher status.
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You can report your housing issue with code enforcement at the same time you ask your landlord to repair. The process is separate. This can happen as an alternative or as an addition to asking your landlord to repair.