If Your Landlord Won't Make Repairs

How to start

If your home has poor conditions that the landlord should fix, here’s what you should do.

• Give your landlord a request in writing (a letter, email, etc.) saying which conditions they need to fix. Keep a copy for your records.
• Keep paying your rent. You cannot stop paying rent just because the landlord won’t make repairs.

If your landlord still won’t make repairs after a reasonable time, you can either:

1. Take your landlord to court
2. Hire a contractor and deduct the repair cost from your rent
3. End your lease and move out

What counts as a reasonable time depends on the problem. One month is reasonable for many problems. For urgent things like broken plumbing, no heat in the winter, or loss of water or electricity, one or two days might be reasonable.

Option 1: Take your landlord to court

You can file a court case called a Tenant’s Assertion. When you do this, you pay your rent to the court instead of your landlord. If you win, the judge can:

• Order your landlord to make the repairs;
• Return to you some or all of the rent money you paid to the court; or
• Cancel your lease so you can move out early.

But you can only do this if:

• You gave your landlord a written request and a chance to make repairs;
• Your rent is paid up; and
• You did not cause the damage that needs repair.

For help to file a Tenant's Assertion, use this tool. It can help you fill out a letter to your landlord and paperwork for court.

Option 2: Hire a contractor and deduct the cost from your rent

If your landlord won't make repairs, you can “repair and deduct” by hiring a contractor to make and then subtracting the repair cost from your rent.

You can subtract up to $1,500 or one month of rent, whichever is higher, from your rent payment. Even if a government office or a nonprofit pays for the repair, you can still subtract the value of the repair from your rent.

If you choose this option, you must follow strict rules. To be safe, you should contact Legal Aid to see if an attorney can advise you before you do this to make sure you do it right.

Option 3: Tell the landlord you will end the lease early

If your landlord won’t make repairs that affect your health or safety, you can end your lease early and move out. It’s important to do it right, or else your landlord might try to keep charging you rent after you move.

You can end your lease early if:

• You or your guest did not cause the damage that needs repair
• You’re willing to move out and find somewhere else to live

Here’s what to do:

1. Write a letter to your landlord describing the conditions they need to repair. It should tell them they have 21 days to make the repairs or you will end the lease and move in 30 days.
2. Mail or give it to your landlord and keep a copy for yourself.
3. If your landlord fixes the problem in 21 days, your lease will continue and you should not move out. If the landlord doesn’t fix the problem in 21 days, you can move out by day 30 after your notice and stop paying rent.

To be safe, you should contact Legal Aid to see if an attorney can advise you to make sure you do it right.

Keep in mind

• Be careful to follow the law and use one of these options. Your landlord can always evict you if you withhold rent, even if conditions in your home are bad.

You may want to talk to a lawyer for specific advice. Contact your local Legal Aid office to see if you qualify for free help.