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Tenants often question whether they are able to sue their landlords or even withhold payment of rent when certain repairs are not made to their apartments or townhouses. According to most state statutes, landlords are required to keep units in reasonable repair. This means that they are required to make necessary repairs and if they do not, renters have a few options.
First, a renter should notify the landlord in writing of the repair that is needed and allow a sufficient amount of time to make the repairs, usually at least 14 days. If the property is uninhabitable and the renter cannot live in the unit until the repair is completed, the tenant is usually allowed out of the lease agreement and the remaining rent owed prorated.
Otherwise, if repairs are minor and written notice has not helped, the renter can file a complaint with the health, fire or city inspector and request an inspection of the unit. If the inspector finds that that the property is in violation of any codes or that the unit is hazardous, they will give the landlord a timeframe in which the repairs have to be made or will be summoned to court.
After the unit has been inspected, the tenant can choose to file copies of the inspection order to the court along with a rent escrow action. This means that the rent that is owed is held by the court until the repair is made, which also requests that the court order the landlord to make the repairs. It is important that tenants keep copies of all inspections, letters and documents that have been provided to the landlord.
Once the rent escrow action has been filed, a hearing will be scheduled. The court may order a number of remedies including ordering the landlord to return all or part of the rent, ordering the landlord to repair the unit immediately or ordering the landlord to pay a fine.
Although it can be a long and stressful process, landlords generally do not want to have to go to court over repairs. Usually writing a letter to request that repair is made is sufficient and an inspection of the premises is enough to spur a landlord into making necessary repairs.
This information is primarily based on Minnesota law. If you are unsure about options regarding repairs made to a rental, contact an attorney.
What else can I help you with?
What can a landlord charge to move in a California house rental?
what can a landlord charge to move in a California house rental?
Who replaces a refrigerator landlord or tenant?
It depends upon whether the refrigerator was part of the rental contract. If the renter brought their own refrigerator, then it is up to the tenant to replace or repair. If the rental already have a refrigerator in place, then it is the landlords job to replace or repair.
Who can act on behalf of a landlord in managing rental properties?
A property manager can act on behalf of a landlord in managing rental properties.
Does a landlord need to finish a drywall fix?
If you damaged the drywall, then you should fix it. If the damage was caused due to a water leak or something that is unforeseen at the time a rental agreement was formed, then the landlord should repair the damages.
Who pays apartment rental fee?
Usually the landlord, but there's no law about it.
How do you spell landlord?
That is the correct spelling of the word "landlord" (the lessor of rental residences).
What should be covered by landlord insurance?
Landlord insurance should cover the building structure, liability protection, loss of rental income, and personal property provided by the landlord in a rental property.
What do you call the owner of rental property?
landlord
Do we have to keep the landlord's existing items before we move in?
You may have to keep the landlord's items in your rental property. Information regarding this should be discussed in your rental agreement.
Can a landlord allow a trampoline on a rental property?
They can, they don't have to.
What can a landlord ask on a rental application?
Any question that has to do with your financial background including your rental history.
Has the rental application been approved, or has the landlord changed their mind?
The rental application has been approved.
