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Landlords Responsibilities for Repairs and Maintenance
Each landlord of a rental property has certain landlords rights and responsibilities that he or she must meet as part of state and federal law as well as the rental agreement that the tenant and the landlord signed prior to the tenant moving into the property. If the landlord does not meet their landlord’s responsibilities, or make the proper landlord repairs when requested by the tenant, the tenant can legally file a lawsuit against the landlord for not following the law or the terms of the lease agreement.
Step 1: Maintenance Requirements
- Maintain and repair the premises to comply with housing codes and regulations.
- Maintain structural components of the dwelling (roofs, floors, walls, fireplaces).
- Provide adequate locks and keys.
- Maintain electrical, plumbing, heating, and other appliances in good working order.
- Keep the premises in reasonably weather-tight condition.
- Control infestations by insects, rodents, and other pests before the tenant moves in.
- In apartments, studios, or any dwellings excluding houses, the landlord must provide garbage cans and arrange for garbage removal.
- Keep common areas such as lobbies, stairways and halls reasonably clean and free from hazards.
- Make repairs to keep the unit in the same condition as when the tenant moved in, except for normal wear and tear.
- Provide smoke detectors, and ensure they work properly when a new tenant moves in. (Tenants are responsible for maintaining detectors.)
- A landlord is not responsible for the cost of correcting problems, which are caused by the tenant.
Step 2: File a Complaint
If the landlord is not providing the tenant with the proper repairs and maintenance to the property then a complaint should be filed with the landlord and then forwarded to the local Better Business Bureau.
Step 3: Tenant Rights for Enforcing Repairs
The tenant can file a lawsuit for failed repairs by landlords if they have allowed proper waiting time for the repairs to be made. The proper waiting times include:
- 24 hours for no hot or cold water, heat, or electricity, or for a condition that is imminently hazardous to life
- 72 hours for repair of refrigerator, range, and oven, or a major plumbing fixture supplied by the landlord
- 10 days for all other repairs
Once the tenant has waited for the repairs to be made he or she can then file a housing code enforcement lawsuit against their landlord for not making the proper repairs.
Step 4: Hire an Attorney
Once the tenant has waited for the repairs to be made and nothing has happened, hiring a real estate attorney can make the lawsuit filing process easier. The attorney will file the lawsuit against the landlord and make sure that all the paperwork is filled out properly and sent to the proper destinations.
Step 5: Prepare for the Hearing
When preparing for the hearing make sure that you have your story down straight so that you do not stumble for facts when in the court. If you stumble for facts it will come across that you might be making up the story, which will benefit the landlord.
- If you need legal help with Landlord Tenant Repair and Maintenance Matters, Submit Your Details for a Free Review from a certified Landlord Tenant Attorney in your area..
