Gross Negligence and Tenant Rights
When a landlord exhibits gross negligence and refuses to properly maintain his properties, tenants suffer. Cities and states each have their own laws that can protect tenants' rights when the landlord fails in his responsibilities.
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Written Notice
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State and local laws often require tenants to notify landlords, in writing, of needed repairs prior to taking any action (such as terminating a lease or withholding rent).
Rent Withholding
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If a tenant notifies a landlord of a major problem, and the landlord refuses to fix it, many states and cities allow the tenant to pay for the repair and deduct this amount from the rent. Not all states permit this, however, so it is important to check state and local law before withholding rent.
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Utility Shut-Off
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If a landlord fails to pay the utilities (and is required to do so by the lease or rental agreement), building renters may be granted certain rights under city or state law, such as paying the utility bill themselves or moving out until the utilities are turned back on.
Lease Termination
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In some cities and states, tenants can terminate their leases and move out if the landlord refuses to make needed repairs.
Warning
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Some states, such as Arkansas, do not require landlords to make repairs on a property unless the lease specifically says the landlord must do so. Renters are still obligated to pay rent, however, for the duration of the lease.
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References
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