Landlord Maintenance Responsibilities

Under most state and local laws, landlords must provide housing which meets basic habitability requirements, and maintain the housing to these levels. Specific standards are set locally, so contact your local housing authority, health or fire department for specific information on housing codes and violation penalties.

Adequate weatherproofing, available heat, water and electricity and clean, sanitary and structurally safe premises are generally required for housing to meet habitability standards.

If a landlord does not meet his or her legal responsibility to maintain a habitable rental, the tenant has several options, depending on the state, including:

• Withholding the entire rent until the problem is fixed.
• Hiring someone to make necessary repairs and deducting the cost from the next month's rent.
• Paying less rent.
• Calling the local building inspector, who can order the landlord to make repairs.
• Suing for a partial refund of past rent.
• Suing for discomfort, annoyance and emotional distress.
• Moving out, even in the middle of a lease.

None of these outcomes are favorable for the landlord, so I would suggest handling all maintenance needs and reasonable requests as soon as possible.