In detail, describe the issue in your apartment and why you need the repairs. If you previously left messages for your landlord or discussed the problem, set forth all of the times that you previously notified the landlord of the problem If this is continuing problem that the landlord only partially fixed, detail all of the previous repairs and request a more permanent solution to the situation. If there is a potential for injury or the needed repairs make it difficult or impossible to properly reside in your apartment (no hot water, toilet doesn’t work, etc. ) explain the situation in detail in the letter. [1] X Research source Make sure that you keep a copy of your letter and consider sending the letter by certified mail so that you have proof of delivery. You can find a sample request for repair letter at: http://www. communityactionatwork. org/tenant-support/for-tenants/forms/repair. html.
The reasons that legally allow you to withhold your rent, such as structural repairs or repairs to the electricity or plumbing. [2] X Research source Whether you are required to give the landlord a certain type of notice and how long they have to make the repair before you can withhold rent. Whether you are required to place the withheld rent in a separate bank account or deposit it with the local housing authority. [3] X Research source
Your landlord is required to make all repairs to ensure that your home is habitable. These repairs include, structural repairs (the ceiling has a big hole in it), repairs to leaking roofs, provide hot and cold water, ensure that the plumbing, heating and electrical systems are working and safe. The landlord must also hire an exterminator to get rid of bug or rodent infestations unless you caused the infestation. Landlords may also be required to provide and maintain smoke detectors, sprinkler systems, and window guards. Failure to do so may make the home unsafe and uninhabitable under the laws of your state. Landlords are not required to fix dripping faucets or running toilets, small cosmetic problems such as a small hole in the carpet or scrapes on the floor, unless these repairs are required under your lease.
Can you safely remain in your home while you await legally required repairs? If you answer yes, then choosing to withhold rent may be an option. If you cannot safely or practically (i. e. no running water) remain in the home, determine whether you can afford to make the necessary repairs. It may be helpful to have a professional come out and evaluate the problem and give you an estimate on the work. You can use the estimate to determine whether you can afford to pay for the repair and include the estimate in your next letter to your landlord. If you can afford to make the repair, it may be easiest to have the repair done and then deduct it from your next month’s rent, provided that you are entitled to repair and deduct under state law. If you cannot afford to make the repair or safely remain in the property, you should contact a local tenant’s rights association or your local housing court to discuss your options. If you choose to withhold rent, be sure that you review your state law’s to determine if you need to deposit the rent with a specific housing agency. If you are not legally required to do so, it may be in your best interest to open a separate account and keep all withheld rent payments in this account. If you need to go to court, you can demonstrate that you had the ability to pay and that you were diligent in maintaining your rent.
You can usually locate these organizations online by searching for your city or state’s name and “tenant advocacy group” or tenant’s rights.
Set forth in detail the repairs that you are requesting. Describe your previous requests to have the landlord fix the problem. Include all of the dates you contacted the landlord, if possible, and attach your previous letter requesting the repairs. Reference your state’s laws that require the landlord to make the repairs and allows you to either withhold rent or repair and deduct the cost of repairs from your rent. Set forth a date by which the legally required repairs must be made. Describe the action you intend to take if the landlord fails to uphold his responsibilities (withhold or repair and deduct). Include a copy of the estimate for repair, if applicable. Send the letter by certified mail, return receipt requested. [5] X Research source Be sure that your letter conforms to all of the requirements set forth in your state laws and that you are legally justified in demanding repair. You can view sample letter to withhold rent here: http://www. nolo. com/legal-encyclopedia/sample-letter-landlord-you-intend-withhold-the-rent. html You can view sample letters to repair and deduct at: https://www. kyjustice. org/node/688 and http://www. palawhelp. org/resource/deduct-repair-tenants-right-to-a-safe-and-dec?ref=2FZB4
You can find your local housing authority by conducting an internet search for the name of your town and “housing authority. ” Review the website for how to report a landlord and request an inspection or call the housing authority and ask how best to proceed.
Your lease and any lease renewals. Cancelled rent checks, electronic transfers or money order receipts. All correspondence between you and your landlord about the repairs. Any reports from the housing agency about the necessary repairs. Any estimates you received about the cost of repair. Witness statements from people who saw your apartment and can speak about the required repairs. Witness statements from people who provided you with assistance because your home was not habitable (such as people who you had to stay with or use their shower because of the lack of repair). A list of problems with dates and the landlords failure to make timely repairs. Photographs of the damage or the condition of your apartment. [7] X Research source
Contact your local housing court and ask where you need to file your action. Many housing courts have streamlined procedures to resolve landlord tenant disputes and can even provide you with a packet of documents that you need to file in order to start your legal action against the court. If there is no streamlined procedure for housing disputes, you may have to file a lawsuit against your landlord. Be sure to follow all local rules and regulations required for filing a lawsuit.
Regardless of how you choose to proceed, you should argue that you should not be required to pay the landlord all of the withheld rent since your standard of living and hardship were so great during the time the landlord refused to make legally required repairs.
