Tenants have inherent rights when renting a residence. Tenant entitlements include the right to a secure and maintained home for the duration of the rental. Landlords are legally obligated to keep rental property in good condition and perform necessary repairs. If your landlord fails to meet these conditions, he might be subject to fines, penalties and loss of rental income, as determined by the laws in your state. The U.S. Department of Housing and Urban Development (see Resources) will tell you about these laws.
Inform your landlord in writing. List all items on or in the rental that need repair or upkeep. Send the letter by certified mail and keep a copy so you have proof you informed the landlord concerning the issues impacting your rental house. Documenting this measure is vital. Should you need to take the landlord to court, then the correspondence will serve as proof the landlord knew about the issues.
Do yourself. If the landlord does not respond or send a person to look after the issues within the total amount of time determined by your state's laws, it is possible to correct them yourself. Write the landlord another letter and add your intention to do the work and deduct the expenses from your rent. Keep all receipts. Be aware the costs of repairs need to be fair, or typical in your area for the type of repair you are doing. When you next pay rent, send your landlord a letter detailing the repairs and include copies of all receipts to show why you are deducting money from your rent. Check with your state's laws for any additional processes required when doing leasing repairs yourself.
Call the local housing inspector for severe issues. The code enforcement officer will visit your residence and search for violations. He’ll then send your landlord a listing of some violations. The landlord will have a short period of time, as defined by your condition 's laws, to make the repairs before being fined. When the repairs are still not created and you need to go to court, then you can use the code violation list in the inspector as proof.
File an action in housing court. Each state has a different process for these kinds of actions, so check with your regional housing authority to determine what paperwork to file. In most cases you will need proof that repairs are needed and that you informed your landlord of those issues. Copies of your accredited letters to the landlord can serve as proof, as well as photos of the repairs that are needed, a replica of a housing inspector's report, and statements from witnesses. Typically you’ll be asked to withhold your rent payments and retain the money in a separate bank account or with the housing court until your case is resolved.
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