I come across a ton of different opinions online about what landlords must fix and what tenants should do about it if they choose not to fix something and the answers are all over the place. Today, I am going to go through those things that the landlord has to fix, and those things he doesn’t, and what you as a tenant should do.
A landlord CAN refuse to fix those things which don’t affect the “Warrant of Implied Habitability”, or those things which make the apartment livable.
So, what are those things which the landlord MUST fix, and those things that you would just LIKE them to fix? Where does the definition of those two things start and stop, and who is responsible for the repairs?
Does The Landlord Have To Fix Everything?
Many times, when people move into their apartment, they assume that the landlord is automatically responsible for any and all repairs that are going to take place during their stay.
Unfortunately for tenants, your landlord doesn’t HAVE to fix everything. They only must fix those things which make the apartment “uninhabitable”.
There isn’t a universal legal definition for what makes an apartment uninhabitable. Some states and cities make it law however, that basic things such as heat, power, and running water be a condition of the landlord being able to rent out their units to other people. And this is what most courts are going to rule on if it ever comes to that.
Things such as faulty wiring, broken plumbing, pest problems, security for the outside doors, a broken heater or air conditioner, Noise, or personal safety issues are all normally thought of as things that can render an apartment uninhabitable if not fixed.
Other things, such as bad carpet, poor painting, chips off the walls, old appliances, etc., while all annoying and issues that people don’t want to live with, don’t make the apartment “uninhabitable”. And when we are talking about what a landlord MUST do, we are talking about the law, and the law is going to view these things as not necessary to the habitability of the apartment.
What Are Uninhabitable Living Conditions?
As we mentioned above, uninhabitable living conditions are things like having no running water, not being able to lock your door properly, having pests in your apartment, not having a furnace or air conditioner that works, or even something like mold in your walls or ceiling.
Additionally, if your apartment isn’t structurally sound, such as cracked or broken walls or ceiling, that would constitute the apartment as being uninhabitable as well.
The landlord is responsible, as a condition for being able to rent the apartment out for other people to live in, that they maintain a basic level of habitability for the tenant.
What Repairs Are Tenants Responsible For?
If there is something in the list that is not being taken care of like the furnace, or air conditioner, or major plumbing in your apartment, you need to get on your landlord or maintenance guy to fix these issues. You, as the tenant, have a legal right to have these things fixed as part of the “Implied Warranty of Inhabitability” clause that goes with your lease contract.
Things such as burnt out lights, a clogged sink, or any other thing that happens during the normal use of the apartment by the tenant, or if the tenant causes the problem themselves, it is up to the discretion of the landlord whether or not they are going to pay for the repairs or if they are going to charge the tenant to have them fixed.
Tenants are responsible for any damage they cause to the apartment. If the tenant causes something to happen that structurally impairs the apartment from being inhabitable, the landlord must fix it, but they also may charge you for it.
Are Tenants Responsible For Maintenance?
If the maintenance that you are referring to is both part of the lease and includes those things which make the apartment inhabitable, then yes, the landlord is responsible for them.
The landlord is ALSO going to want to keep both his tenants happy, and his property in good condition for as long as possible, so many times, the landlord will make repairs on a property, even if they don’t necessarily HAVE TO do it, simply to make the tenant happy and to preserve their property value.
The best thing to do if you have a problem in your apartment and want the maintenance guy to come over and look at something is just to call them up and ask. As long as the problem isn’t chronic, or you have been doing something that is constantly damaging the property, chances are you can probably talk the maintenance guy into coming over and taking a look at whatever problem you have.
Also, make sure to read what the lease says about maintenance before you sign it. Every lease is going to be a little different. If the lease says that management will take care of all maintenance, then you have the right to request that whatever fix you are concerned about will be taken care of.
Now, if the fix is something that isn’t immediately impacting the habitability of your apartment, it may be a few days, if not longer, for the maintenance guy to get to your apartment, as other matters may take priority.
What Is Considered Normal Wear And Tear In An Apartment?
Normal wear and tear are considered to be things like worn areas in the carpet, small, but not major marks and scuffs on the walls, flaking paint, etc. Things that are considered to wear out naturally just by the course of using them.
Things that aren’t considered “normal” include any direct damage that was done to the apartment by the tenant. These are things that the landlord wouldn’t have had to fix if it wouldn’t have been from the direct actions of the tenant.
So, things like your carpet. It may be worn by the time you move out of your apartment, but that doesn’t mean that your landlord can withhold your security deposit for you to replace it. Your carpet would have had to have shown direct damage to it for them to charge you for it. Otherwise, it is just considered normal wear and tear.
What Does A Landlord Legally Have To Provide?
Your Landlord has to provide a “Habitable Apartment”. This includes running water, heat and air, structural stability of the walls and ceilings, doors that lock, and a secure environment for you to live in. If these things are not all provided, then you, as the tenant, have a legitimate complaint.
Beyond these issues, the landlord is not LEGALLY required to provide anything else that they themselves do not include on the lease. If the refrigerator isn’t working, that may be a pain, but was it included on the lease as something that is guaranteed and provided for by the apartment complex?
Now, any landlord that isn’t going to replace these things for their tenants is probably someone you don’t want to rent for, but make sure you know before you sign the lease what they are responsible for providing and what they aren’t.
What Should I Do As A Tenant To Get My Landlord To Fix Something?
So often I see people online saying that they should “Withhold Rent” or “Sue The Landlord” for restitution. Speaking as someone who is a current landlord and owner of a large apartment complex, and someone who has rented in the past…..that’s almost ALWAYS unnecessary.
There hasn’t been a single time where I have had someone move out because of something we didn’t fix. Also, there has never been a single time where someone threatened to sue us or take us to court because we didn’t fix something.
Why?
Because landlords are in the business of keeping as many people in our apartment complex as possible, and this means keeping people happy. I am more than happy to fix something, or even replace something in an apartment if I know that doing so will keep them happy and staying with our complex for a longer period of time.
Additionally, and I can’t speak for all landlords obviously, but there are few things that the maintenance guy won’t fix if you ask him to. Even the kitchen sink for the third time. Now, he may not be happy about it, but you can still probably get him to fix it for you because he is hired by the landlord. Just don’t abuse the poor guy.
If you are at the point where you are thinking about not paying your rent because something MAJOR, that affects the habitability of your apartment, isn’t being fixed, you are at the wrong apartments, to begin with.
Talking to your landlord about the seriousness of the issue almost ALWAYS takes care of the problem. Threatening the landlord or withholding rent put you at odds against them, instead of working together to fix the problem.
The first suggestion on many apartment sites is to withhold paying rent until whatever you want to be fixed is fixed, and then threaten to take them to court if it isn’t fixed in the soonest time possible. They then always go on to outline all the steps necessary to take your landlord to court.
THIS ISN’T NECESSARY.
Talk to your landlord. Be honest about whatever problem you have and politely ask them to fix it. 99 times out of 100, they are going to fix it for you, especially if you aren’t the direct cause of the problem, or it has a potential impact on their own property.
Remember, your landlord is running a business, and part of their business is to keep their tenants happy.
Just ask!
Then, if they aren’t fixing something major, that affects the habitability of your apartment, go to one of those other sites that tell you all the legal steps to take.
But at Apartment School, we advise that you simply talk to your landlord about whatever problem you have and work with them on getting it fixed. We have found time and time again this is the best solution, and one that keeps your landlord on your side.
Ultimately, your landlord CAN refuse to fix something that isn’t impacting the habitability of your apartment. But most of the time, they will be willing to fix most anything that wasn’t directly damaged by the tenant at no cost simply to keep them happy.
I recommend that you simply talk to your maintenance guy or landlord, tell them what problem you’re having, and ask them to fix it. You will probably be pleasantly surprised at the results!
