The 6 Conditions that Create Liability for the Landlord that Fails to Make Repairs
Getting landlords to make needed repairs can be difficult, however there are six conditions that can create liability for the landlord that fails to make repairs.
6 Conditions That Create Landlord Liability When The Landlord Fail To Make Repairs1. The Tenant notifies the Landlord to repair or remedy the condition by certified mail, return receipt requested or by registered mail at the same place that the Tenant normally pays rent.
2. The condition must materially affect the physical health or safety of an ordinary tenant. Rats, roaches, and no running water would apply.
3. The Tenant gives a second notice (in writing) in the same manner as the first notice to repair or remedy after a reasonable time has passed.
4. The Landlord had a reasonable time to repair or remedy the condition after the first and second notice. (Typically 7 days).
5. The Landlord did not make a diligent effort to repair or remedy the condition, in essence, failed to make the repairs.
6. The Tenant was not delinquent in rent at the time that the Tenant gave the Landlord the two notices. (Withholding Rent is rarely a good idea).
What Options Does The Tenant Have if the Landlord Fails to Meet the Conditions?If the Landlord fails to make the repairs or remedy the condition (and there are some exceptions for the Landlord, such as fire or storm damage and they are waiting on insurance proceeds in order to make the repairs) the Tenant can terminate the lease, repair or remedy the condition themselves and deduct the cost of the repair from the rent, or sue the Landlord.