What To Do When There Are Problems
Explain the problem to the landlord - first in person, and then follow it up IN WRITING. The manager may not be aware of the problem. If you think a code violation exists you might want to mention that. If the condition is not fixed within a reasonable time, remind the landlord again - IN WRITING. If he still does not respond, then send a letter to the landlord listing all the problems and indicate a copy of the letter (a "cc" under your signature with the name of the third party next to it suffices) is being sent to the Code Enforcement Department. Make sure to send that copy and keep a copy for your records. (An example of how to do this follows)
Sincerely,
Jane Smith
cc: Department of Health and Safety, City of Smallville, CA
cc: Code Enforcement Department, City of Smallville, CA
The landlord cannot evict you for requesting a housing inspection as long as violations exist and you have been paying your rent and there are no other problems affecting your right to live in the apartment. DO NOT STOP PAYING YOUR RENT.
What Happens Next?
If you have made requests for repairs and have been persistent and your landlord still refuses or fails to make repairs, there are several things that can be done.
- Some problems may be violations of the Housing Code or Health and Safety Department in your city. Generally, serious things such as heat, water, bugs, mice, rats, etc. are covered by Housing Codes. Check with City Hall in your town or city to find the codes.
NOTE: Most states prohibit a landlord from evicting a tenant because the tenant called in the Housing Code Enforcement Department. - Sometimes, you can make arrangements with your landlord that will allow you to fix the problem out of your pocket and deduct it from your rent. Ask your landlord if this is an agreeable arrangement - if so, get a quote for the repair, write a letter stating that you and the landlord have agreed to reduce the rent by this amount - either a small monthly reduction, or all at once - and have him or her sign it and date it. Make copies of the final invoice of repairs, and give one copy to the landlord, keeping one for your records.
Only do repairs involving heat, electricity, plumbing, water or security. Cosmetic repairs are up to the manager.
NOTE: Few states, if any, allow you to make the repairs and deduct it from your rent without agreement from your landlord - do not make this mistake! You can be evicted for non-payment or sued by your landlord. - If the landlord will not repair the problem, or allow to you repair it and deduct it from your rent, go to the authorities.
