Landlords have legal responsibilities to maintain rental properties that are fit for people to live in.If your landlord does not make necessary repairs to your apartment to ensure that you have heat, hot water, properly running electric and plumbing, you may have legal grounds to refuse your rent.All states have their own laws regarding withholding rent.Once the repairs are completed you will most likely have to pay the withholding rent, so be sure to keep it in a separate account as directed by your state law.If you decide to not pay rent, you need to take the appropriate legal steps.
Step 1: The landlord should be notified in writing of the need for repairs.
If you haven't already done so, you have to tell the landlord about the need for repairs.Explain the issue in your apartment and why you need the repairs in the letter.If this is a continuing problem that the landlord only partially fixed, detail all of the previous repairs and request a more permanent solution to the situation, if you previously left messages for your landlord or discussed the problem.It can be difficult to live in an apartment if there is a potential for injury or needed repairs.In the letter, explain the situation.If you want to have proof of delivery, you need to send the letter by certified mail.A sample request for repair letter can be found at: http://www.communityactionatwork.org/tenant-support/for-tenants/forms/repair.html
Step 2: You should review your state's landlord tenant laws.
If your landlord fails to make the necessary repairs, you should review your state's landlord tenant laws so that you have a clear understanding of the responsibilities and the circumstances under which you can deduct the cost from your rent.There is a list of state-by-state laws regarding rent withholding and landlord/tenant rights and obligations.Structural repairs or repairs to the electricity or plumbing can be grounds for withholding rent in your state.If you are required to give the landlord a certain type of notice and how long they have to make the repair before you can withdraw your rent, that's something.You can either deposit the rent in the local housing authority or put it in a separate bank account.
Step 3: Evaluate your apartment.
To determine whether the landlord is required to make repairs to your apartment, you must inspect your property and detail all of the necessary repairs.Once you have a list of repairs you want the landlord to make, you need to divide it into legal and small repairs that he can make.You can't deny rent for repairs that are legal.Your landlord is required to make all repairs to ensure that your home is usable.Repairs include structural repairs, repairs to leaking roofs, and hot and cold water to ensure that the plumbing, heating and electrical systems are working and safe.Unless you caused the problem, the landlord must hire an exterminator.Smoke detectors, sprinkler systems, and window guards may be required of landlords.Failure to do so may cause the home to be unsafe.Unless repairs are required under your lease, landlords are not required to fix dripping faucets or running toilets, small cosmetic problems such as a small hole in the carpet or a scratch on the floor.
Step 4: You should review your lease.
The legal contract that you entered into with the landlord outlines both parties' rights and obligations, as well as those that may be legally required.Review your lease to determine what obligations your landlord has to make minor repairs and what responsibilities you may have assumed under the lease as a tenant.
Step 5: Hold or repair the best legal recourse.
If your landlord fails to make necessary repairs, you need to decide what to do next.If you are able to deduct the cost of repairs from the next month's rent or if you can pay someone to make the repairs, you should have a review of your state.Can you stay in your home while you wait for repairs, if both options are allowed by your state?If you answer yes, withholding rent may be an option.You can't safely or practically.Do you have the money to make the necessary repairs if there is no running water in the home?It is possible to get a professional to evaluate the problem and give you an estimate for the work.You can use the estimate to determine if you can afford to pay for the repair and include it in your next letter to your landlord.If you can afford to make the repair, you may be able to deduct it from your next month's rent.If you can't make the repair or stay in the property, you should contact a local tenant's rights association or your local housing court.To determine if you need to deposit rent with a specific housing agency, be sure to review your state law.If you are not required to open a separate account, it may be in your best interest to keep all rent payments in this account.If you want to go to court, you can show that you had the ability to pay and you were careful with your rent.
Step 6: Speak to the advocacy organization of the tenant.
It is possible to speak with a tenant advocacy organization before taking the next steps against your landlord.These organizations are familiar with your legal options, may have information about your landlord's failure to maintain other properties, and may be able to give you advice on how to proceed.Discuss with your landlord how you plan to proceed against them.The organization may be willing to review your draft letter to your landlord or give you sample letters or how-to guides on how to proceed.You can find these organizations online by searching for your city or state's name and tenant advocacy group.
Step 7: In writing, tell your landlord what you intend to do.
If you decide to pay for the repairs or deduct the cost from your next month's rent, you must give your landlord a chance to fix the problem in writing.Set forth the repairs that you are requesting in your letter.Tell us about your previous requests to have the landlord fix the problem.Attach your previous letter requesting the repairs if you can, and include all of the dates you contacted the landlord.You can deduct the cost of repairs from your rent if you reference your state's laws that require the landlord to make the repairs.The repairs must be made on a certain date.If the landlord fails to uphold his responsibilities, you will take action.If applicable, include a copy of the estimate for repair.Return receipt is requested for the letter to be sent by certified mail.Make sure that your letter is in line with the laws in your state and that you are justified in demanding repair.You can find a sample letter to hold the rent at: http://www.nolo.com/legal-encyclopedia/letter-landlord.
Step 8: Your landlord should be reported to the housing authority.
If the landlord doesn't make the repairs after your last notice, you should hold the rent or deduct it and contact your local housing authority.Your landlord can be fined for violating the housing code if the local housing agency comes to your home.If you have to go to court against your landlord, this documentation may be useful.You can find your local housing authority by conducting an internet search for the name of your town and you can ask how to proceed.
Step 9: Evidence should be gathered.
If you have to go to court to get your landlord to make repairs to your property, you want to gather as much evidence as possible.Evidence may include your lease and lease renewal.Rent checks, electronic transfers, and money order receipts have been canceled.You and your landlord communicate about the repairs.There are reports from the housing agency about the repairs.The cost of repair was estimated.People who saw your apartment can give statements about the repairs.Witness statements from people who helped you because your home was not up to par, such as those who you had to stay with or use their shower because of the lack of repair.There are problems with dates and landlords don't make repairs on time.There are pictures of the damage to your apartment.
Step 10: Court documents should be prepared and filed.
You may have to file a court action to force the landlord to make the repairs if they refuse to fix the property even after withholding rent.Ask your local housing court where to file your action.Many housing courts have streamlined procedures to resolve landlord tenant disputes and can provide you with a packet of documents that you need to file in order to start your legal action against the court.You might have to file a lawsuit against your landlord if there is no streamlined procedure for housing disputes.To file a lawsuit, you need to follow local rules and regulations.
Step 11: Wait for the court to make a ruling.
After you present your evidence in court, the judge will either enter a ruling or you may choose to separately meet with the landlord to try and resolve your dispute before the ruling is entered.Since your standard of living and hardship were so great during the time the landlord refused to make legally required repairs, you should not have to pay all of the rent.