What Can I Do When My Landlord Won't Make Repairs
About
About What You Can Do If Your Landlord Won't Make Repairs
This provides valuable information for tenants who are dealing with repair problems in their rental properties. It outlines the specific responsibilities of landlords and tenants when it comes to property maintenance and repair, and explains the "Warranty of Habitability" and the types of repair problems that cannot be waived.
This also discusses the potential health and legal issues that can arise from poor living conditions and provides tenants with options for addressing these issues, including asking the landlord to make necessary repairs, reporting unsafe conditions to code enforcement authorities, and pursuing legal action.
This information includes warnings and important considerations for tenants, such as the repair and deduct process and the potential consequences of withholding rent.
This is a valuable resource for tenants who want to understand their rights and responsibilities when it comes to rental property maintenance and repair.
What You Need To Know
Landlords are responsible for maintaining the rental property, unless a tenant waives this responsibility. Landlords must ensure that the property is habitable and safe for tenants to live in. This includes addressing repair problems that affect the health and safety of tenants, such as plumbing deficiencies, electrical problems, lack of required and functional utilities or appliances, inadequate or inoperable permanent heating, insufficient ventilation, rodent, pest, or other infestations, and more.
Tenants are responsible for not causing unnecessary or excessive wear and tear to the property and may be liable for the costs of this type of damage. Tenants must also report repair problems to the landlord and allow a reasonable amount of time for the landlord to make necessary repairs. If the landlord does not make the repairs, tenants may have legal options for addressing the issue.
The "Warranty of Habitability" is a legal concept that imposes an obligation on landlords to maintain rental properties in a habitable condition. This means that landlords are required to provide safe and livable premises for tenants. The warranty of habitability ensures that tenants have the right to a property that meets basic health and safety standards. Landlords cannot waive certain repair problems that affect health and safety in a residential property, and they are responsible for addressing these issues to maintain habitable living conditions for tenants. This warranty impacts tenants by providing them with legal recourse if their living conditions become uninhabitable due to necessary repairs not being made. It also impacts landlords by establishing their legal obligation to maintain the habitability of the rental property and address repair issues that affect the health and safety of tenants.
Examples of common warranty of habitability problems that tenants may encounter in their rental properties include:
- Missing or inoperable smoke and carbon monoxide detectors
- Plumbing deficiencies, such as leaks or clogs
- Electrical problems, such as faulty wiring or malfunctioning outlets
- Lack of required and functional utilities or appliances, such as heating, air conditioning, or hot water
- Inadequate or inoperable permanent heating, such as lack of heat during cold weather
- Insufficient ventilation, such as in bathrooms or kitchens
- Missing or broken vent screens, which can allow pests or other unwanted elements into the property
- Rodent, pest, or other infestations, such as cockroach or bed-bug infestations
- Inadequate weatherproofing, which can lead to leaks or drafts
- Noncompliant security bars over windows, which can pose a safety hazard in the event of an emergency
- Broken locks and keyed exit doors, which can pose a security risk
- Deficient and non-compliant handrails, which can pose a safety hazard for tenants with mobility issues
- Sewer on the surface of the ground, which can pose a health hazard
- Collapsing ceiling/structure/foundation, which can pose a safety hazard for tenants.
Poor living conditions in rental properties can lead to a range of potential health and legal issues for tenants. Some of these issues include:
- Bad air quality: Poor ventilation, mold, or other environmental factors can lead to indoor air quality issues, which may cause respiratory problems and other health issues.
- Dampness or mold: Damp or moldy conditions can contribute to respiratory problems, allergies, and other health issues.
- Pests: Infestations of pests such as rodents, bed bugs, or termites can create unsanitary and unsafe living conditions, leading to health concerns and potential property damage.
- Lead poisoning: Properties with lead-based paint or other lead hazards can pose a risk of lead poisoning, particularly for young children.
- Poor water and sewage: Issues with water quality or sewage systems can lead to unsanitary conditions and health risks for tenants.
- Environmental waste: Improper disposal of waste or exposure to environmental hazards can pose health risks for tenants.
- Other health and safety issues: Inadequate heating, insufficient security measures, structural deficiencies, and other safety hazards can create risks for tenants' well-being.
Tenants have rights to safe and habitable living conditions, and landlords have legal obligations to maintain the property in a habitable state. Failure to address these issues can lead to legal disputes, potential code violations, and even eviction proceedings. Therefore, it's important for tenants to be aware of their rights and options for addressing poor living conditions in rental properties.
Tenants have several options for addressing repair problems, including unsafe conditions and necessary repairs. Some of these options include:
- Asking the landlord to fix necessary repairs: Tenants can notify their landlord of necessary repairs and request that they be made in a timely manner.
- Reporting unsafe conditions to code enforcement authorities: Tenants can report unsafe living conditions to code enforcement authorities, who can investigate and take action to ensure that the property is brought up to code.
- Pursuing other legal action: Tenants may have legal options for addressing repair problems, such as filing a lawsuit against the landlord for breach of contract or seeking an injunction to compel the landlord to make necessary repairs.
- Moving out to temporary housing: In some cases, tenants may need to move out of the property temporarily if it is deemed uninhabitable due to necessary repairs not being made.
- Lease cancellation: Tenants may be able to ask their landlord to end the lease early without penalty and vacate the property if the landlord refuses to make necessary repairs or if there are still unresolved repair issues creating an unsafe and uninhabitable home.
- Report violations to the Healthy Homes Program if you are living in Orleans parish. The Healthy Homes Program has special rules to help protect tenants and their living conditions in rental properties.
Tenants must document repair problems and their efforts to notify the landlord of necessary repairs. Tenants should also know their rights and responsibilities under the law and seek legal advice if necessary.
The "repair and deduct" process is a legal process that allows tenants to notify their landlord that they need repairs to their home. If the landlord does not make the repairs, the tenant can make them themselves and then demand reimbursement or take the costs out of the next month's rent. However, there are several warnings and considerations associated with this process, including:
- Repairs must be necessary: The repair and deduct process must only be used for future costs to fix a repair problem. A tenant cannot use repair and deduct for past rent due.
- Withholding rent is not allowed: A tenant should never withhold rent at any time. Any tenant who withholds rent may get evicted for nonpayment of rent.
- Public subsidized housing: Tenants who live in public subsidized housing must follow the process to report repair issues and report a quality standards issue. A tenant can get evicted or lose housing voucher status if they do not comply.
- Legal action: Tenants may have legal options for addressing repair problems, such as filing a lawsuit against the landlord for breach of contract or seeking an injunction to compel the landlord to make necessary repairs.
- Documentation: Tenants should document repair problems and their efforts to notify the landlord of necessary repairs.
Overall, the repair and deduct process should only be used as a last resort after other options have been exhausted. Tenants need to be aware of their rights and responsibilities under the law and seek legal advice if necessary.
No, tenants cannot withhold rent to compel landlords to make repairs. Withholding rent is not allowed and can result in serious consequences for the tenant, including eviction for nonpayment of rent.
Tenants have other legal options for addressing repair problems, such as reporting unsafe conditions to code enforcement authorities, pursuing legal action, or asking the landlord to fix necessary repairs.
It's important for tenants to document repair problems and their efforts to notify the landlord of necessary repairs. If a tenant feels that their landlord is not addressing necessary repairs, they should seek legal advice and explore their options for addressing the issue. It's important for tenants to be aware of their rights and responsibilities under the law and take appropriate action to ensure that their living conditions are safe and habitable.
Tenants can report housing code violations and seek assistance from code enforcement authorities by following these steps:
- Identify the local housing authority: Tenants should find out who their local housing authority is and how to contact them. This information can usually be found online or by contacting the local government.
- Document the code violations: Tenants should document the code violations they are experiencing, including taking photos or videos if possible.
- Contact the housing authority: Tenants should contact the local housing authority and report the code violations. They may be asked to provide documentation of the violations.
- Follow up with the housing authority: Tenants should follow up with the housing authority to ensure that their complaint is being addressed and to provide any additional information that may be needed.
- Consider legal action: If the housing authority is not addressing the code violations, tenants may need to consider legal action, such as filing a lawsuit against the landlord for breach of contract or seeking an injunction to compel the landlord to make necessary repairs.
Tenants need to be aware of their rights and responsibilities under the law and seek legal advice if necessary. Tenants should also document repair problems and their efforts to notify the landlord of necessary repairs.
The steps involved in lease cancellation due to unresolved repair issues and unsafe living conditions may include the following:
- Document the necessary repairs: The tenant should document the necessary repairs that are needed to address unsafe living conditions. This documentation can include written descriptions, photographs, or videos of the issues.
- Notify the landlord: The tenant should notify the landlord in writing of the necessary repairs and provide a reasonable opportunity for the landlord to address the issues.
- Request lease cancellation: If the landlord refuses to make the necessary repairs or if there are still unresolved repair issues creating an unsafe and uninhabitable home, the tenant may request lease cancellation due to the landlord's failure to provide habitable living conditions.
- Document the notification: The tenant should keep a copy of the written notification to the landlord, including proof of delivery or receipt.
- Seek legal advice: It may be advisable for the tenant to seek legal advice to understand their rights and options regarding lease cancellation and to ensure that they are following the proper legal procedures.
- Vacate the property: If lease cancellation is granted or if the tenant is legally allowed to vacate the property due to unsafe living conditions, the tenant should make arrangements to move out of the property.
It's important for tenants to be aware of their rights and responsibilities under the law and to seek legal advice if necessary when pursuing lease cancellation due to unresolved repair issues and unsafe living conditions.
The Repair And Deduct Process
About The Repair And Deduct Process
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. Repairs must be necessary to use the repair and deduct process.
Follow the steps below or use our (Free!) Good Repair App To Help You With The Process.
The Repair and Deduct Steps
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. For more information, see Evictions.
- 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. For more information, see Evictions.
Special Rules For New Orleans Parish Residents
Special Rules For New Orleans Parish Residents
The Healthy Homes Program aims to ensure the safety and habitability of residential rental properties in Orleans Parish. The program requires the registration of rental housing units and imposes basic requirements for habitability. It also secures the rights of lessees to report violations without fear of retaliation.
What You Need To Know
The lessor or owner of a residential rental property is responsible for complying with the requirements of the Healthy Homes Program in Orleans Parish. This includes registering their rental housing units, obtaining a Certificate of Compliance, and ensuring that their properties meet the minimum rental standards outlined in the program. The lessor is also responsible for providing a copy of the Certificate of Compliance and minimum rental standards to occupants of rental housing units and posting the minimum rental standards and lessees' rights in a visible location on properties with four or more rental units.
If you need more information or assistance with complying with the requirements of the Healthy Homes Program in Orleans Parish, you can contact the Department of Safety and Permits. The Department is responsible for administering the program and can provide guidance on the program's requirements, the application process, and other related matters.
You can contact the Department's Healthy Homes Program by phone at (504) 658-7133 or by email at healthyhomes@nola.gov. You can also visit the Department's website for more information on the program and related resources.
Additionally, if you are a lessee and have concerns about the condition of your rental housing unit, you can contact the Department to request an inspection of the unit to ensure compliance with the program's standards.
Landlords will register by completing the paper application. Once completed in full, sign, scan, and email to healthyhomesregistration@nola.gov for processing through the Department of Safety and Permits. There is no fee to register.
The basic requirements for habitability under the Healthy Homes Program in Orleans Parish include the following standards for rental housing units:
- Cooling System: Each rental housing unit must have a cooling system in good working order capable of maintaining a maximum temperature of 80 degrees Fahrenheit in all bedrooms.
- Electrical System: The rental housing unit must have a properly maintained electrical system in safe working condition and capable of performing its intended function.
- Mechanical Appliances: If provided by the lessor, all mechanical appliances, operative fireplaces, solid-fuel-burning appliances, and cooking appliances must be properly installed and maintained in a safe working condition.
- Roof, Windows, and Doors: Roofs, windows, and exterior doors must be adequate to prevent dampness or deterioration in the walls or interior portions of the rental housing unit. The roof and flashing must be sound, tight, and free of defects that admit rain.
- Interior Surfaces: All interior surfaces must be maintained free of significant cracking, decaying, or other defective conditions. Holes in interior walls and floors must be sealed as necessary.
- Pest Control: Each rental housing unit and its exterior property must be kept free from visible rodent harborage and infestation.
These requirements are designed to ensure that rental housing units in Orleans Parish provide a safe and habitable environment for occupants.
To report an issue related to the Healthy Homes Program or potential violations of the program's standards, a lessee can take the following steps:
- Contact the Department of Safety and Permits: Lessees can contact the Department of Safety and Permits to report potential violations of the Healthy Homes Program or to request an inspection of their rental housing unit to ensure compliance with the program's standards. The Department and the Healthy Homes Program can be reached by phone at (504) 658-7133 or by email at healthyhomes@nola.gov
- Request an Inspection: If the lessee believes that there are safety or habitability issues in their rental housing unit, they can request an inspection by the Department to assess the conditions and ensure compliance with the program's standards.
- File a Complaint: If the lessor or property manager does not address the reported issues in a timely manner, the lessee can file a formal complaint with the Department, providing details of the violations and requesting corrective action. Tenants may report potential violations set in the Minimum Property Maintenance Code by calling 3-1-1 or online at nola311.org .
Lessees can file a complaint regarding potential violations of the Healthy Homes Program by following these steps:
- Contact the Department of Safety and Permits: Lessees can reach out to the Department of Safety and Permits, Healthy Homes Program by phone at (504) 658-7133 or by email at healthyhomes@nola.gov to initiate the complaint process. Tenants may also report potential violations set in the Minimum Property Maintenance Code by calling 3-1-1 or online at nola311.org.
- Provide Details of the Complaint: When filing a complaint, lessees should provide specific details of the alleged violations, including the nature of the issues, the location within the rental housing unit, and any relevant supporting documentation or evidence.
- Request Corrective Action: In the complaint, lessees should clearly state the corrective actions they are seeking to address the reported violations and bring the rental housing unit into compliance with the Healthy Homes Program standards.
- Follow-Up: After filing the complaint, lessees should follow up with the Department to ensure that their concerns are being addressed and that appropriate actions are being taken to investigate and resolve the reported violations.
The Healthy Homes Program in Orleans Parish includes protections for lessees who report potential violations of the program. Lessees have the right to pursue protected activity without fear of retaliation. Protected activity includes notifying the lessor or the lessor's agent of any violation of any provision of the program, requesting corrective action reasonably calculated to redress any violation, notifying regulatory authorities or members of the public of any violation, or providing testimony in court or administrative proceedings relative to any violation of the program.
If a lessee reports a violation of the program, they are protected from retaliation by the lessor. Retaliation against a lessee for engaging in protected activity is prohibited under the program. Lessees who believe they have been retaliated against may file a complaint with the Department, and the Department will investigate the complaint and take appropriate action if retaliation is found to have occurred
The Healthy Homes Program in Orleans Parish provides for enforcement of its standards through penalties, fines, and revocation of Certificates of Compliance for repeated or intentional violations. This means that if a lessor fails to meet the minimum rental standards established by the program, they may be subject to penalties and fines. If the lessor continues to violate the program's standards, their Certificate of Compliance may be revoked, which would prevent them from renting out the unit until they bring it into compliance with the program's requirements.
The Department of Safety and Permits is responsible for administering the program and enforcing its requirements. This means that the Department is responsible for conducting inspections of rental housing units to ensure compliance with the program's standards, investigating complaints filed by lessees, and imposing penalties and fines on lessors who violate the program's requirements.
By providing for enforcement of its standards, the Healthy Homes Program aims to ensure that all rental housing units in Orleans Parish meet the minimum standards for the health, safety, and welfare of occupants. This helps to protect the rights and well-being of lessees and promote safe and habitable living conditions in the community.
You contact the Healthy Homes Program Enforcement at healthyhomesenforcement@nola.gov