Repairs and Damages
What can I do when I go to move-in and the place is not in good condition?
- If the rental does not meet your satisfaction do not move-in.
- – Once you turn that key, set your stuff down, and start sleeping there you have accepted the rental “as is”.
- You should call your landlord immediately and return the key if necessary to get your needs met.
- Once you accept the unit “as is” your landlord has little incentive to fix things or make changes.
Should I report mold to my landlord?
- It would be wise to do so, however, check your lease to see if there is anything about mold.
- Some landlords require that you notify them if/when you see it because it can present a health hazard to residents.
- Regardless, it is in your best interest to take action against anything that may present a threat to your health.
Can I withhold rent if my landlord does not fix soemthing?
- In certain circumstances, tenants may withhold rent until a problem has been remedied.
- – The repairs that are needed must be serious that would justify the use of repair and deduct or abandonment remedies.
- – This remedy carries the same legal restrictions and risks as the other two remedies.
- Withholding rent does not mean the tenants may live on the premises rent-free.
- – Depending on the nature of the problem, tenants may be entitled to a retroactive rent deduction.
- It is wise to consult with an advisor before considering this last resort.
If my apartment is vandalized or broken into who is responsible, the landlord or me?
- If the unit is secured with locks (i.e.: deadbolts on doors and locking devices on windows), your landlord has met his/her obligations for security.
- You are then responsible for covering the damages incurred at a break-in.
- Most leases require renter’s insurance to cover the expenses of vandalism or a break-in
- When you sign a contract it usually specifies in the lease that you should carry renter’s insurance.
- – This is usually available through your partner’s homeowners insurance or even your auto insurance.
My landlord refuses to reimburse me for damages to my property, what can I do?
- If the damage was not natural or caused by you (or any other tenant in your unit) then your landlord should be able to reimburse you for your losses.
- Of course, there are exceptions from time to time.
- – One questionable area is theft. Tenants are usually responsible for their losses in the case of theft unless the theft is a result of the property provider’s negligence, i.e. improper locking devices.
- As far as requesting compensation, you will want to make an inventory of lost items and their “fair market value”.
- State the cause of the damage and the amount of money you are seeking for reimbursement.
- Property providers have insurance that will cover your losses. Submit your request in writing. Should your property provider disagree or refuse to pay, mediation is a good option.
What do we do when we are being charged to fix something we did not break?
- Whether or not you are found responsible for the problem will depend on the documentation of it not working since you moved in.
- – Did you notify your landlord of the damages as soon as you moved in?
- – Did you note what did not work on your inventory and condition report at the beginning of the tenancy?
- If you do not have the evidence it will be harder.
- Professional maintenance people are left to determine who is to blame between the tenant and the landlord.
- Your next best strategy would be to plead with the landlord that the problem always existed and perhaps you can reach a compromise with him/her.
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