disrepair

Dealing with Disrepair: Your Legal Rights and Responsibilities

Disrepair refers to when a property, like a house or apartment, falls into a state of poor repair. Things like leaky roofs, broken appliances, pest infestations – basically anything that makes the place unlivable or hazardous to live in.
As a tenant, you have certain rights when it comes to disrepair. And as a landlord, you have responsibilities to maintain safe and habitable housing. This article will break it all down in simple terms.

Signs of Disrepair

How do you know if a rental property is in disrepair? Here are some common red flags:

• Leaky roof or windows
• Faulty electrical wiring or outlets
• Broken appliances like refrigerator or stove
• No running water or hot water
• Clogged drains or sewage backups
• Heating or AC system not working
• Infestations of cockroaches, mice, or other pests
• Mold or mildew buildup
• Rotting floorboards or holes in the walls/ceiling
• Peeling paint or crumbling plaster

Basically, anything that makes the unit unsafe, unsanitary, or just downright uncomfortable to live in could constitute disrepair.

Tenant Rights and Recourse

As a renter, you have a reasonable right to expect safe and habitable housing in exchange for paying rent. So what can you do if your place falls into disrepair?

Notify the Landlord

First things first – let your landlord know about the issue in writing. Send a letter or email detailing the exact problems and keep records of all communications.
Give them reasonable time to make repairs, like 30 days. But if the issues pose immediate health risks (no heat in winter or dangerous mold), they need to take quicker action.

Withhold Rent

If the landlord fails to make timely repairs, you may have the right to withhold rent under something called the “implied warranty of habitability.”
Basically, you don’t have to pay full rent if the landlord isn’t keeping the unit livable. But make sure to check your state laws first, as requirements differ.
You’ll probably need to place the withheld rent money into an escrow account until the issues get fixed.

Break the Lease

If the disrepair issues are severe enough that the unit is unlivable, you may be able to legally break the lease. Again, check your state laws to see what constitutes “constructive eviction.”
You’ll usually need some proof like letters from the health department or an inspector saying the unit is hazardous. But once you have that, you can move out without penalty.

Sue for Damages

If the landlord still refuses repairs after reasonable notice, you may take legal action and sue for:

• Return of rent money
• Hotel or alternate housing costs
• Medical bills if you get sick from conditions
• General pain and suffering

You can file in small claims court without a lawyer for minor sums. For larger amounts, you may need an attorney’s help.

Landlord Duties and Liabilities

Landlords must provide tenants with safe, livable, and sanitary housing. Failure to do so can open them up to major legal and financial issues.

Make Timely Repairs

Once notified of problems, landlords need to start repairs within a “reasonable” timeframe, usually 30 days or less for minor issues.
More serious safety or health hazards require immediate response, like calling an emergency plumber or electrician.

Comply with Housing Codes

All residential units must meet basic standards set by state and local housing codes related to safety, sanitation, and livability. Failing to comply may result in fines or condemnation.

Face Tenant Lawsuits

If landlords ignore disrepair issues, tenants can take legal action to recover damages for related injuries, losses, and suffering. Awards often include months of rent plus other costs.

Pay for Tenant Hotels

If hazardous conditions force tenants to vacate, the landlord usually must cover “reasonable” hotel costs while making repairs. Some states set limits, like $125 per night up to 10 nights.

Preventing Disrepair Issues

The best approach is avoiding major disrepair in the first place through proper maintenance and planning. Here are some key tips for landlords and property managers:

Conduct Regular Inspections

Walk through units at least yearly checking for early signs of wear-and-tear. Catch issues before they turn into emergencies requiring costly repairs.

Make a Repair Schedule

Replace old appliances/fixtures and do preventative maintenance on a reasonable schedule. For example, inspect heating units pre-winter and clear debris from gutters in fall.

Respond Quickly

Address tenant repair requests promptly, especially for plumbing, electrical or mold problems which can worsen rapidly if left unchecked.

Hire Qualified Contractors

Find licensed, bonded, and insured tradespeople to make quality repairs the first time around. Shoddy work often fails or causes other issues.

Set Aside Reserves

Allocate funds for future capital repairs and replacements. Experts recommend saving at least 2-4% of collected rents each year.
Following basic maintenance best practices goes a long way towards providing tenants with the safe housing they deserve while minimizing owner headaches. Just stay vigilant and don’t let small issues snowball into catastrophic disrepair emergencies.