Repairs, Maintenance, and Entry to Rented Premises
Landlords' duties to repair rental property and to give tenants notice before entering.
To avoid problems with tenants, you should make repairs to rental units as soon as you can. Major problems, such as a plumbing or heating problem, should be handled within 24 hours. But before entering rented premises to make needed repairs, you must provide advance notice to the tenant (usually 24 hours). Without advance notice, in most states a landlord or property manager may enter rented premises only in an emergency, such as a fire or serious water leak.
Landlords' Maintenance Responsibilities
Under most state and local laws, you must offer and maintain housing that satisfies basic habitability requirements, such as adequate weatherproofing, available heat, water and electricity, and clean, sanitary, and structurally safe premises.
Local building or housing codes typically set specific standards, such as the minimum requirements for light, ventilation, and electrical wiring. Many cities require the installation of smoke detectors in residential units and specify security measures involving locks and keys.
Your local building or housing authority, and health or fire department, can provide information on local housing codes (and penalties for violations).
Consequences of Not Making Required Repairs
When a tenant requests necessary repairs and the landlord or property manager doesn't meet legal responsibilities in providing them, a tenant usually has several options, depending on the state. These options include:
- withholding the entire rent until the problem is fixed (some states require the tenant to place the rent in an escrow account)
- hiring someone to make necessary repairs and deducting the cost from the next month's rent
- paying less rent
- calling the local building inspector, who can usually order landlords to make repairs, or
- moving out, even in the middle of a lease.
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