Landlord Repairs: How to Force Your Landlord to Fix Problems

Every tenant has the right to a habitable home. When landlords ignore broken heating, plumbing leaks, mold, pest infestations, or other serious problems, you have legal remedies to force repairs - including rent withholding, repair and deduct, and lease termination. For federal resources on tenant rights, visit the HUD Tenant Rights page.

What Landlords Must Maintain

Basic Habitability Requirements

• Structural integrity (roof, walls, floors)
• Working plumbing with hot and cold water
• Adequate heating (and cooling in some states)
• Safe electrical systems
• Working smoke and carbon monoxide detectors
• Secure locks on doors and windows
• Freedom from pests and rodents
• Garbage receptacles and removal

Common Problems Landlords Must Fix

• Water leaks and water damage
• Mold growth from moisture problems
• Broken heating or air conditioning
• Pest infestations (roaches, mice, bedbugs)
• Non-working appliances (if provided)
• Broken windows or doors
• Electrical problems
• Sewage or drainage issues

Your Legal Remedies

Repair and Deduct

In most states, you can hire someone to make repairs and deduct the cost from rent:

• Must give landlord written notice first
• Allow reasonable time to repair (typically 14-30 days)
• Get multiple estimates
• Usually limited to one month's rent
• Keep all receipts and documentation

Rent Withholding

Some states allow withholding rent until repairs are made:

• Must affect habitability
• Written notice required first
• Often must deposit rent in escrow account
• Cannot be behind on rent before withholding
• Document everything thoroughly

Rent Reduction

• Partial refund for reduced use of premises
• Based on percentage of unit affected
• Applies for duration of problem
• May be ordered by court or negotiated

Lease Termination

For severe habitability violations:

• Can terminate lease without penalty
• Must give proper notice
• Entitled to deposit return
• May recover moving costs in some cases

Step-by-Step Process

Step 1: Report in Writing

• Email or letter describing the problem
• Date of first notice
• Request specific repair within deadline
• Keep copy and proof of delivery

Step 2: Document the Problem

• Take photos and videos
• Note dates and conditions
• Keep medical records if health affected
• Get written statements from witnesses

Step 3: Give Reasonable Time

• Emergencies: 24-48 hours
• Urgent repairs: 3-7 days
• Non-urgent: 14-30 days
• Check your state's specific timeframes

Step 4: Send Follow-Up Notice

If not repaired within reasonable time:

• Reference original notice
• State that deadline has passed
• Specify remedy you intend to use
• Give final deadline

Step 5: Exercise Your Remedy

• Follow your state's specific procedures exactly
• Document every step
• Consider consulting attorney for major actions

State-Specific Rules

California

• Repair and deduct up to one month's rent (twice per year)
• 30-day notice required
• Can withhold rent for habitability violations
• Strong tenant protections

New York

• Warranty of habitability strictly enforced
• NYC: Call 311 for code violations
• Can withhold rent through HP Action
• Court may order repairs and rent abatement

Texas

• Must give written notice
• 7 days for material breach
• Can repair and deduct or terminate
• Court can order rent reduction

Florida

• 7-day notice for material breach
• Can withhold rent if properly deposited
• Landlord has 7 days to cure
• Tenant can terminate if not cured

Emergency Situations

What Qualifies as Emergency

• No heat in winter
• No water
• Gas leak
• Sewage backup
• Broken locks/security breach
• Dangerous electrical problems

Emergency Actions

• Call landlord immediately (document call)
• Contact emergency services if safety risk
• May repair immediately without waiting
• Can often recover costs more easily
• May justify immediate lease termination

Reporting to Authorities

Code Enforcement

• Local building or housing department
• Can inspect and cite landlord
• Creates official record
• May force repairs through penalties

Health Department

• For mold, pests, sewage issues
• Can declare unit uninhabitable
• May order immediate action

Retaliation Protection

Landlords cannot retaliate for exercising your rights:

• Cannot raise rent in response to complaints
• Cannot decrease services
• Cannot evict for legitimate complaints
• Most states presume retaliation within 60-180 days