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Rentwise! Chapter Four -- Repairs and Maintenance
Poor maintenance is one of the chief complaints of tenants. Sometimes they withhold rent in an attempt to force the landlord to make repairs. Usually this tactic results in an eviction notice. The court does not regard poor maintenance as a reason to withhold rent, even if it is escrowed. The landlord guarantees that the unit is livable when he signs a lease agreement. It's one of the basic "covenants," or promises, that he legally must make to tenants. This "warrant of habitability" protects tenants from serious maintenance problems (see Chapter Three). For smaller breakdowns, tenants should . . .
. . . GET REPAIRS THE RIGHT WAY!
- Call the landlord (be cordial, not crabby!) to discuss the problem and determine the day/time he'll (a) call you back or (b) send someone over. If you created the problem, you probably will have to pay to have it fixed, but it is important to report the situation to the manager as soon as possible.
- Immediately send a note summarizing your phone conversation and describing the problem. Be sure the note is DATED... and keep a copy. This "written notice" is the legal key that guarantees that your options and rights will remain open in the future.
- If the landlord gets back to you at the appointed time, the repairs will probably be made. Relax and be patient. It will take time to schedule a plumber, order the part, etc. The law states that he must do the repair within a "reasonable time."
- What is "reasonable time"? It could be 2 days for a plugged-up toilet, or 2 months for a leaky roof.....it all depends on the situation! A landlord who intends to fix the problem will communicate, not go into hiding! If the landlord ignores you, keep a diary of phone calls and events pertaining to the problem.
- If a reasonable time has passed and the landlord hasn't acted in good faith, you may want to call the Housing Info Line or the Fair Housing Office for advice. Under certain conditions, the Landlord Tenant Act gives you the right to (1)get and save several estimates, (2)pay for the repair yourself, and (3)deduct the cost from your rent. However it is best to let your landlord know in advance that you intend to do this. He/she may not even be aware that you have this right! He/she may be happy to have you take care of it. Generally, if you broke it, you will pay for it anyway. If it just "wore out", the landlord should pay.
| ESSENTIAL SERVICES |
The right to pay for repairs and deduct from rent is guaranteed only when "essential services" have been interrupted. This is a somewhat vague area of law, but certainly heat, water, gas, hot water, and a working toilet are deemed essential. A working stove, refrigerator, air conditioner and locks are arguably "essential". If you report a problem in writing and it's not fixed within a reasonable time, you may:
- Pay for the repair yourself and deduct from rent, or
- Move to a hotel or other rental and recover costs from the landlord, or
- Stay in the unit and ask (or sue) the landlord to reduce rent based on "loss of use" or "reduced value".
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| SAVE ALL CONVERSATIONS AND DOCUMENTATION! |
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YOU GET WHAT YOU PAY FOR!
Tenants who obsessively complain often don't have their lease renewed. Make small repairs yourself, especially if you don't live in a complex with a full-time maintenance man. Occasionally let the landlord know that you changed the furnace filter or fixed the screen door. He may be less likely to raise rent if you keep an eye on things and don't bother him. Remember, there are two types of tenants, those the landlord wants to get rid of . . . and those he wants to keep. In lower-cost rentals, it is unrealistic to expect the same level of upkeep and supervision found in more expensive units. Even though the Housing Code and the Landlord/Tenant Act apply to all landlords equally, the amount of rent you pay often is an indicator of the effort the landlord will make to keep up the property.
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