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What if a landlord does not make required maintenance and repairs?

If a landlord fails to make require maintenance and repairs, a tenant may seek recourse.

• Contact a government agency
• "Repair and deduct" laws
• The implied warranty of habitability
• Find a Property Lawyer Now

Contact a government agency

If the landlord failed to repair something that is "basic" - like fixing a leaking roof - you might call the city or county housing code inspection agency. It's their job to make sure that landlords obey the local housing code.

If you have rats, mice, or the like, call the city or county health department. Generally, they act quicker than the housing inspector, because they don't want anyone to become sick and they don't want the problem to spread to other dwellings.

There is one problem with using these remedies: you are dependent on government agencies to solve the problem. Some agencies are under-staffed, under-funded, or under-competent (and sometimes even under-honest). You might have to wait a long time for a housing inspector to force the landlord to fix the roof. It would be nice if you have some way to put pressure on the landlord by yourself. In many states, you do, through "repair and deduct" laws and through the "implied warranty of habitability".

"Repair and deduct" laws

Some states have laws that permit you to "repair and deduct." This means that you may pay to have the repairs made yourself and then deduct the cost from your next rental payment. This might work for minor repairs that don't cost much, but it's not the best way to deal with an expensive project like replacing a roof.

The "implied warranty of habitability"

Many states have adopted a legal doctrine called "the implied warranty of habitability". Under this doctrine, if the landlord fails to provide any of the "basics" required by the housing or health codes, the tenant may simply stop paying rent until the landlord makes the necessary repairs. If the landlord sues to evict the tenant for nonpayment of rent, you may invoke the landlord's breach of the implied warranty as an "affirmative defense". If you prove the breach, the court might set a "reasonable rent" that is lower than the rent you agreed to pay. If you pay that lower rent, then you might defeat the eviction lawsuit.

But be careful before you start a "rent strike". Stopping your rent payments is risky, because if you fail to prove your implied warranty defense, you might be evicted. It might be safer to pay the rent and sue the landlord for breach of the implied warranty.

If you are thinking about using the implied warranty of habitability, the safest course is to get a lawyer's advice. This stuff is tricky, and a wrong move can find you sitting in the street.