Tenant's Rights When a Rental Needs Repairs

Tenant's Rights When a Rental Needs Repairs thumbnail
Most states require landlords to keep a rental habitable.

Most landlords are reliable about making necessary repairs, usually within 24 to 48 hours. When a landlord doesn't do this, it's important for tenants to know their rights.

  1. Habitable

    • Most states require landlords to keep a rental habitable. This typically includes meeting weatherproofing standards, maintaining a sound structure and providing adequate access to heat, electricity and water.

    Building Codes

    • Local building codes will set specific standards for landlords to meet, such as minimum windows, ventilation and light. Building codes usually address wiring standards and requirements as well.

    Negligence

    • It is the tenant's responsibility to keep the rental clean and sanitary after moving in. For instance, an ant infestation due to the tenant's negligence is not the landlord's responsibility. But if, for example, there is bathroom mold because the seal on the tub or shower is inadequate, the landlord should fix the problem.

    Cost

    • For necessary repairs that are due to the tenant's negligence, the landlord can get the work done and bill the tenant for reimbursement. Repairs that are the landlord's responsibility come out of the landlord's pocket. Or the cost can be deducted from the tenant's rent if the tenant pays for the repair.

    Options

    • If a landlord refuses to make repairs that are his responsibility, the tenant has several options that may vary by state. Depending on the extent of the repairs needed, the tenant can move out of the rental without notice to protect his family's health and safety; pay for the repairs himself and deduct the cost from the next month's rent; or even take the landlord to court and sue for past rent and other damages.

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  • Photo Credit Image by Fotolia.com, courtesy of Loic LE BRUSQ

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