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Who’s responsible for pest control? Is it the landlord, or the tenant?

Who’s responsible for pest control? Is it the landlord, or the tenant?

  • Posted: Oct 29, 2020
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Who’s responsible for pest control? Is it the landlord, or the tenant?

A pest infestation can really wreak havoc on your life. Not only can pests damage your home and garden, but they can also be a serious health hazard. It’s always in your best interest to get rid of any infestation as quickly as possible.

The laws around this pest control responsibility vary widely by state. We did the legwork of running down all of the relevant laws we could find for all 50 states and compiled them into this article. We’ll cover some general information you should be aware of regarding the law, what the law says in your state, and what options you have as a tenant if your landlord is refusing to provide pest control services.

 

General Overview of Pest Control Responsibility

Who is responsible for pest control costs can depend on what the pest is and how it got into the dwelling.

Tenants are often responsible for pests that come in as a result of their actions. For example, if you get ants because your apartment is a mess with food spillage all over, you’ll likely be on the hook for extermination costs for your unit and possibly the entire building.

On the other hand, things like seasonal pest control that needs to be done every year, or treatment for pests like mice, rats, and termites, that may infest through no fault of the tenant.

It’s usually impossible to determine the origin of an infestation with great certainty. If you’re being told you caused the infestation, I would recommend talking to a lawyer and never admitting to causing an infestation to keep yourself off the hook.

 

Warranty of Habitability

In almost every state, landlords must maintain a certain standard of living in their properties. This doesn’t mean the place will be fancy (or even nice), but it must be “habitable”. This called a warranty of habitability.

It is an implied agreement that basically says “you’re renting this property to live in, therefore, it’s obvious that the property should be in a livable condition”. Each state may have its own written warranty of habitability, but unfortunately, they usually don’t explicitly talk about pests.

Sometimes a State will have other laws on the books giving more clarity around pest control. If not, you’re in a bit of a legal grey area but you can usually fall back on a warranty of habitability which suggests the landlord should remedy the situation.

 

In general, it’s the landlord’s job to make sure the building is up to code and habitable. If you do report a pest issue, your landlord is required to check with other tenants in the building in case the pests spread.

It’s then up to the landlord to identify and remove the pest. In some cases, the landlord may try some DIY pest removal strategies. This is usually legal but some states may demand a professional service is hired.

Landlords are also responsible for some aspects of pest prevention, like seasonal pest control (when applicable), maintaining cleanliness in any common areas, or fixing pest-attracting water leaks. Some laws also require landlords to educate their tenants on pest prevention through direct education or informative handouts. This is important since tenants are the ones in the building every day.

 

Responsibility by State

Alabama

Alabama law explicitly states that landlords must “comply with the requirements of applicable building and housing codes materially affecting health and safety; make all repairs and do whatever is necessary to put and keep the premises in a habitable condition.”

This means that most pest control issues fall on the landlord. However, the tenant portion of the law also states that tenants must keep their part of the property clean, so in obvious cases of pests caused by uncleanliness, tenants may be held accountable.

Alaska

According to the Alaska Landlord and Tenant Act, most pest control projects fall under “property maintenance duties.” They specify that landlords must provide: “extermination service if roaches, rats, mice or other pests infest the building, apartment or property.”

This is good news for renters, since it means that in most cases, landlords will be responsible for the removal of the pests, even if they infest the property after you move in.

Arizona

The Arizona Residential Landlord and Tenant Act is a bit unclear on the responsibilities for pest control. Vermin is on the list of conditions the law deems as affecting health and safety within the home. This places responsibility for these infestations on the landlord under the warranty of habitability.

However, the only mention of insect pests is bed bugs. In this case, the law requires the landlord to disclose any bedbug infestation and not enter into a lease agreement on a property with a known infestation. They must also educate their tenants on signs of bed bug infestation. However, there is no clear assignment of responsibility for infestations that occur after moving in.

Arkansas

The law in Arkansas has little to say about pest control. Arkansas is the only state that does not have a warranty of habitability. The law also states, “When you rent a house or apartment, you usually agree to take it ‘as is.’ This means that the landlord is not required to provide additional maintenance to the dwelling.”

This law causes a lot of issues for renters in Arkansas getting stuck with the bill for pests like bedbugs, which are almost always the landlord’s responsibilities in other states. If you are preparing to rent in Arkansas, be aware of this and make sure that the terms of pest control are clear in the lease.

California

The situation in California is good for renters. According to the California Guide for Tenants, landlords are responsible for maintaining a warranty of habitability, which covers both seasonal pest treatments and handling of infestations.

However, the law also lays out a standard series of tenant responsibilities that include maintaining cleanliness. So a tenant can be held responsible for pest control treatments if they failed to do this and it caused an infestation.

Colorado

The warranty of habitability in Colorado specifically states that a dwelling can be declared uninhabitable if it is lacking “appropriate extermination in response to the infestation of rodents or vermin throughout a residential premise.” This means pest control falls on the landlord unless the infestation is caused by the tenant.

The only insect pest with specific legislation is bed bugs. In this case, tenants must immediately notify their landlord, who then has 96 days to respond to the problem.

Connecticut

Connecticut has in place an implied warranty of habitability, so the law here works similarly to other states with such a warranty. Landlords are explicitly required to provide “extermination service if the apartment is infested with pests or rodents.”

However, tenants are required to keep their apartment clean, so there is some ambiguity if the tenant causes the infestation. Be aware of this when going into a lease in Connecticut.

Delaware

Delaware doesn’t mention pests in their Residential Landlord-Tenant Code. The state has an implied warranty of habitability, requiring landlords to “keep in a clean and sanitary condition all common areas of the buildings, grounds, facilities and appurtenances thereto which are maintained by the landlord; Make all repairs and arrangements necessary to put and keep the rental unit and the appurtenances thereto in as good a condition as they were, or ought by law or agreement to have been, at the commencement of the tenancy”

The law also protects tenants withholding rent in the appropriate circumstances. However, this does not apply in cases where the tenant causes the damage.

Florida

Florida has clear laws on pest control responsibility (more clear than most other states). Included on the list of landlord responsibilities is “The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent.”

That last part means that you won’t ever be paying rent on a building you can’t live in, but the landlord doesn’t have to pay for your hotel either. This can be tough if you don’t have family or friends close by, but it’s better than being stuck with the whole bill.

Georgia

There are no clear laws around pest control in Georgia. There is an implied warranty of habitability in place, but no specific legislation for pests. This includes those that are usually not caused by tenant actions like bed bugs).

This means it is extra important to check your lease every time you are ready to rent. In cases that don’t directly influence the health and safety of the home, landlords have no explicit legal responsibility in Georgia. Keep this in mind to avoid ending up with a hefty pest control bill.

Hawaii

The policies for Hawaii are unclear as far as pest control goes. While landlords are required to maintain habitable conditions, including cases of emergency repair, there is no specific mention of pest control or extermination Hawaii law.

In cases like this where the laws are unclear, it’s especially important to check the lease. The lease will often lay out certain terms for pest control, and if they don’t that’s a red flag.

One property management company in Hawaii only holds landlords responsible for pest control if the infestation is found within 10 days of move-in. Otherwise, they blame the tenant.

Idaho

Idaho law specifically indicates “insect infestations” on the list of issues a landlord must address under the warranty of habitability. As in other states, it is important to follow proper procedure when reporting these infestations. In Idaho, you need to provide the landlord with a written list of issues, then give them three days to begin addressing the problem before pursuing a lawsuit.

Illinois

Illinois has an explicit policy on pest control. That policy is that pest control is the landlord’s responsibility, but “if you are identified as the cause of the infestation, the landlord might refuse to exterminate or may charge you for extermination.”

While the above policy is for the whole state of Illinois, Chicago also passed a law about bed bugs. This is because bed bugs spread rapidly and so they can quickly become a problem for whole buildings and complexes in densely-populated cities.

Luckily for tenants, the law holds landlords financially responsible for clearing the infestation, as well as educating tenants about the prevention of bed bugs. However, there are some conditions. Tenants have to notify their landlords within 5 days of seeing the first bed bug, and must also comply with some basic prevention policies like bagging up belongings and making appropriate preparations for inspections and treatments.

Indiana

There’s no clean-cut allocation of responsibility under Indiana law. There is an implied warranty of habitability, and the law states that landlords are responsible for keeping common areas clean and doing necessary repairs. It also states that tenants are responsible for keeping their own apartments clean.

So the nitty-gritty of who pays for pest control is, like in other states with ambiguous laws, ultimately down to the lease. Make sure to review it carefully and look for any loopholes that could leave you with an expensive pest control bill if you get an infestation.

Iowa

Iowa has an explicit warranty of habitability, which is good news for tenants since it means that many pest control issues fall under that. However, the warranty doesn’t specifically mention insects or vermin, so they may not always be the landlord’s responsibility. Particularly if the infestation occurs some time after moving in.

As in any state where the responsibilities are ambiguous, check your lease. A warranty of habitability has room for interpretation. Don’t assume you are protected in every circumstance.

Kansas

At the state level, Kansas law doesn’t get involved at all in issues of pest control. They leave it up to individual cities, so check the laws where you are planning on renting.

The Kansas Tenant Handbook uses Topeka as an example of common rules of responsibility regarding pest control. In Topeka, landlords must make sure properties are pest-free before renting, but beyond that, it’s the tenant’s problem. Be careful if you’re planning to move to Kansas, because other cities may have similar laws.

Kentucky

Kentucky has a warranty of habitability that states that a landlord must “comply with the requirements of applicable building and housing codes materially affecting health and safety; make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.”

This puts implied legal responsibility on the landlord for pest control issues, since these affect health and habitability. But as always, check your lease and any city laws to avoid getting cheated.

Louisiana

Louisiana laws are unclear as far as pest control responsibility. The closest the state comes to mentioning it is in their guide to preventing and treating for bed bugs for tenants and landlords.

The guide is a good resource on pest control, but not great on the law. They do suggest that landlords hire professionals to get rid of infestations and that tenants report problems to their landlord, so the implication there is that, at least for bed bugs, landlords are usually responsible for pest control in Louisiana.

Maine

Maine has explicit laws for bed bugs. Landlords cannot rent properties containing bed bugs and must remove the pests if they appear. Meanwhile, tenants are obligated to report any bed bug infestation in a timely fashion.

While the rules don’t explicitly extend to other pests, the laws around bed bugs are a good sign. Plus bed bugs are some of the worst pests to get rid of anyway, so it’s good they are protected under law.

Maryland

According to Maryland law firm Whitney, LLP, “Maryland law requires residential apartments to be free of all insect infestations, including bed bugs, at the time the lease begins,” and “When landlords have a duty to fix the infestation and do not do it promptly, they are negligent.”

That said, the government website is a bit less clear on the issue, and the lawyers would have a stake in exaggerating the laws. Make sure to check your lease anyway and discuss these issues with your landlord or local housing authority.

Massachusetts

According to Massachusetts Law Updates (a government blog), “In Massachusetts, landlords are responsible for eradicating insects” in accordance with local health codes. This is good news for tenants since it puts pest control responsibility explicitly in the hands of the landlord in most situations.

Michigan

Michigan law doesn’t mention insect pests specifically, however, according to a government-issued manual on bed bugs, “Owners are responsible for keeping the entire building free from vermin. Tenants are responsible for the cleanliness of those parts of the premises that they occupy and control.”

So it sounds like it works the way it does in many states: landlords handle most pest issues, but are not responsible for tenant-caused infestations.

Minnesota

Minnesota law does not explicitly mention pest control, but there is an implied warranty of habitability. More specifically, the law states that landlords must ensure “that the premises and all common areas are fit for the use intended by the parties,” and they must “keep the premises in reasonable repair during the term of the lease or license, except when the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant.”

So in Minnesota, it’s implied that pest control is the landlord’s responsibility, because this would fall under being fit for use. But since it is not explicit, make sure to check your lease and discuss it with your landlord.

Mississippi

Mississippi is a bit of a mystery. We didn’t find any solid government sources for information about pest control responsibility for tenants and landlords.

There is information available from the Mississippi Bar about general responsibilities for tenants and landlords, but these don’t really extend beyond common sense. So make sure you clarify these points with your landlord before signing any lease agreement.

Missouri

Missouri is another state where you might want to check your lease rather than relying on the law to help you. The responsibilities laid out in Missouri’s-Landlord Tenant Law don’t really refer to pest control.

However, there is an implied warranty of habitability, and tenants are responsible for maintaining cleanliness of their dwellings, so varies by case based on the source of the pest. When in doubt, make sure to get everything in writing in your lease so there are no surprises.

Montana

According to Montana Law Help, landlords do not have an obligation to inform tenants of a history of bed bugs in the apartment. However, they are required to exterminate them if you find them.

The exception is if the bed bugs can be proven to be caused by the tenant or one of their guests, which is all but impossible when the infestation spreads to multiple dwellings in a building. The law does not explicitly apply to other pests, but these fall under an implied warranty of habitability, so prospects look good for Montana renters.

Nebraska

Nebraska has no pest control laws on the books, but properties in the state are protected under an implied warranty of habitability. The Landlord and Tenant Handbook from Legal Aid of Nebraska states that you may even be able to move out of your apartment without consequence if you notice problems early enough.

However, they also advise to go through your lease carefully. This is important in any state (and there are quite a few on this list) that is vague on its laws regarding pest control responsibility.

Nevada

In their warranty of habitability, Nevada mentions “Building, grounds, appurtenances and all other areas under the landlord’s control at the time of the commencement of the tenancy in every part clean, sanitary and reasonably free from all accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin” as a condition of habitability.

However, this only explicitly refers to the time the tenancy begins. This means there could be some ambiguity if there is a pest infestation after the fact. In general, don’t rely on this law and make sure to look carefully through your lease.

New Hampshire

New Hampshire actually amended their tenant-landlord laws for pest control in 2013. This amendment made bed bug infestations the explicit responsibility of the landlord to deal with, as long as the tenant has notified the landlord appropriately and does not deny access to the dwelling for inspection and extermination.

However, the landlord can collect the cost of the remediation if the bed bug infestation is the fault of the tenant.

New Jersey

According to New Jersey legislation, “The owner of a multiple dwelling, with the cooperation of tenants, is in the best position to coordinate the extermination of bedbug populations in that multiple dwelling.” This puts responsibility in the hands of the landlord.

As in other states, the laws are specific to bedbugs, but may be applicable to other pests as well. As always, discuss your lease with your landlord and a lawyer if possible.

New Mexico

New Mexico has an implied warranty of habitability, requiring landlords to maintain properties in a habitable condition (and thus free from pests). However, the laws don’t mention insects explicitly.

One thing the law does mention is rent abatement. The law protects tenants withholding rent if landlords have not made necessary repairs, which makes it much enforcing the warranty of habitability a lot easier for tenants.

New York

New York’s Housing and Maintenance Code, Subchapter 2, Article 4, states that tenants have the right to a bedbug-free living environment. Landlords even have to disclose a history of bed bugs. A bed bug infestation is a serious violation and landlords have 30 days to deal with the problem.

While these laws are about bed bugs rather than pests in general, in general it shows that New York is a good state for enforcing their warranty of habitability. So while you’re unlikely to get your pest control paid for if the infestation is your fault, you should be covered in most cases.

North Carolina

North Carolina law is pretty explicit about bed bugs, but the law is not always a great deal for tenants. According to House Bill 721, landlords must hire an inspector to confirm there are no bed bugs before renting. If they fail to do so and a tenant finds bed bugs within 60 days of move in, it is the landlord’s responsibility.

Other than that, the law seems to indicate it’s up to the tenant to pay for it. It’s not clear on what happens for other pests, but bed bugs are one of the worst pest infestations, so this is not a good sign.

North Dakota

As in many states, the law in North Dakota makes no mention of pest control. However, there is an implied warranty of habitability, which states that landlords must keep buildings up to health and safety codes and make the necessary repairs to see if they aren’t.

Most pest infestations can fall under this warranty, but just in case, make sure to check your lease since the laws are not explicit in this state.

Ohio

Landlords in Ohio have to keep buildings safe and habitable under an implied warranty of habitability, as is the case in many other states. This means most pest control issues should be the landlord’s responsibility.

This is not true if it’s the tenant’s fault. In fact, Ohio takes this one step further and allows landlords to repossess apartments if there is a violation of a health code that is “primarily caused by any act or lack of reasonable care by the tenant, or by any other person in the tenant’s household, or by anyone on the premises with the consent of the tenant.” This could spell trouble for bad pest problems, so watch out.

Oklahoma

There are no explicit laws around pest control in the state of Oklahoma. In fact, there isn’t even a solid ruling on whether pests like bed bugs constitute a public health nuisance. So while landlords cannot rent apartments with known infestations, there’s not much legal recourse for refusing to exterminate bed bugs if the infestation is found well after moving in.

So as always, be aware of the terms of your lease. Discuss these issues with your landlord so you don’t end up with an unpleasant surprise.

Oregon

Oregon does mention “rodents and vermin” in their warranty of habitability. So it’s safe to assume that apartments must be rented pest-free and any pests that are the result of negligence by the landlord will be their responsibility.

However, the law doesn’t provide clear guidance beyond that. So, as always, make sure to look through your lease carefully and talk through the details with your landlord and a lawyer if possible, just to be on the safe side.

Pennsylvania

Pennsylvania rented dwellings are protected under an implied warranty of habitability. This means that landlords are often responsible for pest removal since pests like bed bugs make a dwelling unsafe and uninhabitable.

But because there are no explicit laws, this is another state where it’s important to make sure to get these types of issues in writing ahead of signing the lease. Even if it’s right for landlords to take responsibility, it’s harder to enforce a law that doesn’t quite exist.

Rhode Island

Rhode Island Law covers a few different possible extermination situations with different responsibilities for each. If you live in a single-dwelling unit and get a pest problem, the responsibility is shared among all occupants. However, if you live in a multi-dwelling unit and the problem only affects your section, then you are responsible. If the problem affects multiple dwellings (more than two), it is the landlord’s responsibility.

All of this is superseded by a clause that states that the responsibility for pest control falls to the landlord if the pest problem is caused by negligence by the owner. For example, if an unrepaired leak attracts rats.

South Carolina

Like some other states, South Carolina’s pest control laws are focused on bed bugs, but it can be reasonably inferred that they’d apply elsewhere too.

The law puts the responsibility on the landlord if the pest problem was present in the home before renting and not disclosed. However, the responsibility is the tenant’s if the infestation proves their fault. This is a bit difficult to prove with bed bugs, especially since they spread through buildings quickly, so hopefully this will favor the tenants in many cases.

South Dakota

Not much specific legislation on pest control in South Dakota. There is an implied warranty of habitability, which should cover insect infestations. Like many other states, this excludes situations that are the tenant’s fault.

One interesting rule in South Dakota is that landlords can hold tenants responsible for repairs in exchange for rent. The allowable monetary value of the repair is not clear, though. So watch out for this rule in case it’s possible for a landlord to hold tenants responsible for repairs or pest control that end up being more expensive than the rent.

Tennessee

Tennessee law puts part of the responsibility for pest control directly on the landlord, but it puts a limit on it. The law states, “Every multiple dwelling or rooming house shall be kept reasonably free of household vermin provided that the landlord shall not be required to carry out treatment measures more than twice per year.”

In general, this probably shakes out to the same laws as other states, where landlords handle pest control unless it’s the tenant’s fault, but watch out. The phrasing of this law may cause landlords to try to get out of treating bad pest infestations that require multiple treatments.

Texas

Texas Property Code Title 8 requires landlords to make repairs if they affect the health and habitability of the building, which would generally include insect problems. Tenants must notify the landlord in writing of the problem.

The law does not seem to specify pest control as a repair, but Texas Law Help states that landlords are required to get rid of bed bugs unless they are proven to be the tenant’s fault, presuming rent is up to date and the landlord was notified in writing. However, they do not cite the specific legislation, so take that with a grain of salt.

Utah

It is a bit difficult to get good online information on the law in Utah directly, but American Apartment Owners Association provides a pretty good summary.

In short, Utah operates under a warranty of habitability, so landlords have to keep properties safe and healthy. The site even goes on to state that landlords are responsible for “taking care of bug infestations,” but they don’t specify much further than that.

Since the legal information is a bit hard to access, make sure to check your lease and get legal advice if necessary. You should never make all of decisions entirely based on third party information (including this article).

Vermont

Vermont law requires tenants and landlords to each take responsibility depending on the origin of the infestation. The law states, “The owner of a dwelling shall be responsible for extermination of any infestation in any dwelling unit when infestation in a dwelling unit is caused by his or her failure to maintain the dwelling or infestation exists in two or more of the dwelling units in any dwelling.”

But it also states “The occupant of each dwelling unit shall maintain that part of the dwelling he or she exclusively occupies free from infestation and shall be responsible for extermination when the infestation is caused by his or her failure to maintain the dwelling unit”

So whole building problems and problems from poor building maintenance are the landlord’s problem, but if you bring pests in, it’s up to you to get rid of them.

Virginia

Like many states, Virginia does not have a law on the books for pest control responsibility. That said, there is an implied warranty of habitability, so landlords “are required to follow building and housing codes affecting health and safety, and to make all repairs needed to keep the place fit and habitable.”

So make sure to make it explicit in the lease, but in general the law is on your side. Most pests are violations of health and safety codes, so these are the landlord’s responsibility

Washington

Washington law states that landlords must, “provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single-family residence, control infestation during tenancy except where such infestation is caused by the tenant.”

So if it’s not your fault you have pests, it’s up to the landlord to get rid of them. Excellent news for tenants.

West Virginia

Pest control responsibility has been a source of controversy in recent years. Because there is no specific law on the books about pest control responsibility, other than an implied warranty of habitability, landlords have been able to get out of paying for pest control, specifically for bed bugs.

In 2017 the Attorney General wrote a letter regarding this issue declaring that the practice was deceptive and illegal. So hopefully it happens less now. However, the laws around pest control have not changed, so dishonest landlords may still be attempting to cheat their tenants like this.

Wisconsin

Wisconsin doesn’t mention pests in their legislation, but the implied responsibility is the landlord’s. The law states that all landlords must make necessary repairs in their properties and ensure their homes are up to health and safety codes. Pest infestations tend to defy these codes, so this puts pest control under that legislation.

The exception to this law is “repairs made necessary by the negligence of, or improper use of the premises by, the tenant.” So like in many other states, if you brought the pests in, you have to get rid of them. Interestingly, Wisconsin law states that landlord’s have a responsibility to remaining tenants even if one tenant causes an issue. So if you get a pest because of your neighbors’ lack of cleanliness, you are still off the hook.

Wyoming

Wyoming is another state with an implied warranty of habitability, but not much else. This means the only legal obligation landlords have towards pest control is in cases where it influences the health and safety of the building.

This can be subjective, so always look at your lease in advance and discuss pest control responsibility ahead of time so you don’t get cheated. Check the laws in your specific city as well – since there may be city legislation that offers some clarity.

 

If Your Landlord Doesn’t Fix the Problem

Unfortunately, even if the law states that it is the landlord’s responsibility to fix a certain pest problem, they may try to get out of it. Remember, a dishonest landlord doesn’t have an immediate need to get the pests out of the apartment because unlike you, they do not necessarily live in the building. This is especially true in large apartment complexes.

But this doesn’t mean there’s nothing you can do. Here are some steps you may need to consider if you’re having a pest control conflict with your landlord.

Note: this is not legal advice and you should always consult with a lawyer when in this situation.

Breaking the Lease

Remember earlier when we told you to check your lease? If the lease is on your side, you may be able to get out of it legally. Breaking a lease usually involves big legal and financial consequences. However, this is not so true if the landlord has gone back on his responsibilities.

This should generally be done only after attempting to solve the issue directly with the landlord. You can also file a formal complaint to the city or state health department. They will issue a violation to your landlord if their inspection determines that your complaint is valid. Breaking a lease this way generally involves giving your landlord written notice. You may also have to wait a certain amount of time depending on your state.

Withholding Rent

If you haven’t had to do it before, rent withholding sounds like something unethical or illegal, but it’s actually perfectly legal in the right contexts. Rent withholding was actually designed to protect vulnerable renters from abusive landlords.

However, don’t just stop paying and stay silent when you plan to do this. It’s important that you have done your homework so that what you do is legal and not cause for an eviction. You should do this only after the landlord has already had a chance to fix the problem and has failed.

Withholding rent typically means you’re setting aside your rent payments and will only release them to your landlord when they remedy the problem. This doesn’t mean you get to skip rent payments or even spend that money. You should be able to show you still have it set aside and it’s not a matter of not being able to afford to pay.

In general, you need to notify your landlord in writing if what you intend to do, which also gives them one last chance to fix the problem. Whatever you do, notify your local housing authority so they can help you. Do not make any rash decisions about rent withholding – you could end up evicted (even if it’s not your fault!).

Lawsuit

This should generally be a last resort option for handling a pest issue. Individual lawsuits are tremendously time consuming and expensive, and often don’t resolve in favor of tenants because they usually can’t afford the associated legal costs.

Where lawsuits make more sense is when the infestation affects whole buildings or complexes. In this case, a class-action lawsuit can pit you and your neighbors against the landlord. These cases more often resolve favor of the tenants or settle out of court. It’s much easier to prove that a landlord has violated a warranty of habitability when pest issues affect many people in separate apartments.

 

 

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Do You Have to Pay Rent if Your Rental Home Needs Repairs?

Do You Have to Pay Rent if Your Rental Home Needs Repairs?

  • Posted: Oct 27, 2019
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Do You Have to Pay Rent if Your Rental Home Needs Repairs?

What are the rules about housing conditions that landlords must follow?

Your landlord must follow the building, housing, and health laws where you live. These laws are usually local (city or county) codes and ordinances (laws). Your landlord’s duties may be different depending on whether you live in an apartment or a standalone home.

 

In an apartment building, your landlord must:

*Make sure the building does not have rodents (like mice and rats) or bugs (like roaches, termites, or bedbugs).
*Provide garbage pickup.
*Provide plumbing, including hot water.
*Provide heat. (But not air conditioning unless required by your lease or the city or county laws where you live.)
*Keep areas around your building clean and safe.

In a single-family home or duplex, your landlord may:

Make you responsible for many of the duties above by saying that in your lease (in writing).
It is very important to read your lease before signing it and keep a copy of the signed lease with your important papers.

 

What happens when a landlord fails to obey housing codes?

If your landlord does not make needed repairs, give you things, or keep the place clean (as required by law), you can do something about it. However, under Florida law, you are not allowed to simply make repairs yourself and subtract the costs of those repairs from your rent payments.

You have two options depending on whether you want to stay or move out:

If you want to stay: You can stop paying your rent, called withholding, until your landlord makes at least a reasonable effort to solve the issue.
If you want to move out: You can move out before the end of your lease, canceling your lease without having to pay a penalty.

What must a tenant do next?

With both options, the first step is giving your landlord a letter, called a 7-day notice. The letter warns your landlord that you plan to stop your rent payments or move out early.

If you want to move: You must still wait the full 7 days after you give the letter to give your landlord a chance to fix the problem. If it is not fixed, you should move out immediately after the deadline and return the keys to your landlord.

If you want to stop paying rent: You must follow several specific steps. And you can only take these steps if you are not behind in your rent payments and the issues in your home are serious enough to be against the law.

Issues that are serious enough may include:

Necessary repairs (broken fridge, faulty plumbing)
Missing things (no heat, no garbage pickup)
Unacceptable conditions (bug or rodent problems, badly overgrown landscaping)
You should give the letter to your landlord 7 days before your next rent payment is due. You must deliver the letter in person, with another person there (a witness), or send it by certified mail. If you send the letter in the mail, you must mail it 12 days before your rent is due. Be sure to make and keep a copy of the letter before you give it to your landlord and keep proof, including the date, of delivery. You may need this proof if your landlord tries to later evict you for not paying your rent.

Your letter to your landlord must be in writing and include the following information:

A list of the issues that need to be fixed.
The deadline to fix the problem, which is 7 days after your landlord receives the notice.
Your plan if the issues are not fixed by the deadline. This is a statement of whether you are going to move out or refuse to pay rent after that date.
Should I stop paying rent or just move out?
You should think carefully before choosing to move out instead of just stopping your rent payments.

Your landlord may disagree about whether the issues in your letter are serious enough to be against the law. If your landlord disagrees and you move out, your landlord may then demand that you owe a penalty fee or still owe them rent until your lease ends.

Your landlord could sue you to try to recover this money. But landlords often choose not to go to court, and may instead report the supposed debt to the credit bureaus. This can harm your credit score, and credit reports are difficult to change and can harm your ability to rent a home and get a loan in the future.

What does a 7 day notice look like? Find these and all forms on https://NationalEvictions.com

You can download What Every Tenant Should Know About Withholding Rent or What Every Tenant Should Know About Withholding Rent (Spanish) to see a sample.

In the letter, you should make sure to list every problem that needs to be fixed and include copies of the local law, enforcement reports, and any other evidence you think might help prove your claims.

 

What is a housing code inspection?

Before you give your landlord the 7-day notice, you may want to have a housing code inspection.

A city or county inspector will look over, or “inspect,” your home. The inspector will then write a report listing any violations. You can ask the code enforcement office in your city (or county) to do the inspection for you for free. Your landlord may be angry about your decision to report these problems to an inspector and may try to evict you by filing a lawsuit. But the court can decide that the lawsuit is retaliatory and deny your landlord’s attempt.

You should keep a copy of your inspection report. It can be especially helpful if you have to go to court because it has been written by someone neutral (not you or your landlord). It is useful to include a copy of the report in your letter to your landlord. You should also keep photos, records, and other evidence of the issues in your home. Also keep notes or records of any contact (letters, emails, phone calls, meetings) you have with your landlord.

Remember, as long as you carefully follow the legal steps, you have the right to stop paying rent until the problem is fixed. But you must save the rent money you would owe. After your landlord corrects the issue, you must then pay the owed rent. Or if your landlord sues you, you cannot defend yourself in court until you deposit the money you owe with the court clerk’s office.

 

 

Are there different rules for a Section 8 Voucher?

Yes. If you rent your home with a Section 8 housing voucher, special rules apply to you.

Section 8 housing is where a local government agency (called a housing authority) pays part of your rent. You are not allowed to stop paying your rent or move out before your lease ends if you use a voucher and your landlord does not fix the problem.

With a Section 8 voucher, you should report any problems with the condition of your home in writing to your caseworker. You can ask your caseworker to do an audit inspection of your home. This audit is like a housing code inspection – a survey done by the city or county on request, but only for tenants not using vouchers. You should keep a copy of your request for the inspection. Also keep photographs, records, and other evidence of the issues.

 

What Should Be Done With My Rent Money?

No matter what, YOU MUST SAVE YOUR RENT MONEY.

You will need it to pay your landlord after the issues are mostly fixed. There is also a chance your landlord will not want to make repairs and may try to evict you for not paying your rent by filing a lawsuit. If so, you will have to give your rent money to the court clerk’s office before the judge will consider your response to the lawsuit or schedule a hearing where you can tell your side of the story.

If you follow the steps above and your landlord still tries to evict you, your papers will be your most important defense in court. Make sure to keep the copy of the 7-day notice you gave your landlord and proof of its delivery. The court will decide whether you or the landlord gets to keep the rent money. This decision will depend on the amount and type of issues in your home and what your landlord did to fix the problem.

 

What should I go if I get an eviction notice?

One of the first steps your landlord must take to throw you out is called an eviction notice. Your landlord must first warn you, by giving you one of the following in writing:

A letter demanding overdue rent (called a 3-day notice). This letter may say that you have broken your lease agreement in some other way.
Legal papers called the Complaint (the landlord’s request for your eviction) and the Summons (the court’s notice of the lawsuit).
If your landlord is trying to evict you, you must receive the right papers at each step. However, you have a limited time to respond (3-5 days). If your landlord has not fixed serious issues in your home and you received one of the letters above, you should immediately call your local Legal Services office. You should also do this if you disagree with your landlord (you did pay rent or didn’t violate your lease). Your local Legal Services office may be able to help you defend yourself or file papers in court. Do not wait to contact Legal Services for help.

The 5-day deadline to respond to an eviction lawsuit begins counting down when your landlord gives you the legal papers (called serving you). If you don’t answer in time, you will likely lose the case and be evicted. If you sent your landlord a 7-day notice, you should include a copy and proof that you delivered it to your landlord with the papers you give the court (called an Answer). You must also give your rent money to the court clerk’s office before the court will listen to your response or set up a hearing.

 

 

Where Do I File?

After you get an eviction notice, you must submit your responses to the court where the lawsuit was filed. Your landlord should have started the case in the county where you live. Any responses should go to the court clerk’s office, called the clerk of the court, which is usually inside the county courthouse.

You also have to mail a copy of your responses to your landlord or their lawyer. The Complaint and Summons should give you the name and address where you should send the copy (usually on the last page). This is the paperwork that your landlord sent you.

Make sure to keep a copy of any papers you receive and submit in a safe place. This includes any evidence like photos, reports, and official papers. This also includes records of conversations between you, your landlord, and the court like emails, letters, calls, and meetings. Once you give your answers and rent money to the court clerk’s office, the judge will inform you about the next steps (usually by mail). The court may need more information or it may schedule a hearing. You may also be able to check on your case online or at the courthouse itself.

 

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What Is A Rental Property Business?

What Is A Rental Property Business?

  • Posted: Jul 31, 2019
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How To Start A Rental Property Business

As Antoine de Saint-Exupery once said, “A goal without a plan is just a wish.” Consequently, the best plans have developed a reputation for helping people in every industry realize their own goals, no matter how lofty they may be. There literally isn’t a single professional who couldn’t benefit more from a well-crafted strategy, and real estate investors are no exception. Buy-and-hold investors, in particular, stand to better their long-term outlook when they take a moment to establish a sound rental property business plan.

A proven rental property business plan can help lay out the systems and benchmarks investors need to realize success at a higher level. That said, only one question remains: what does a rental property business plan look like?

If you are interested in starting a rental property business, there are several valuable lessons to take away from experience. Meanwhile, here’s a guide for developing a bullet-proof rental property business plan; it may be just what you have been waiting for.

 

What Is A Rental Property Business?

A rental property business is a venture through which an investor will purchase and manage one or more income-producing properties. These properties can have one or more units that are leased out to tenants in exchange for monthly rental fees. Investors can have an effective rental plan without having to directly manage these properties; property management companies can be hired to carry out the duties often associated with landlords, such as rent collection and maintenance.

 

Is My Rental Property A Business?

Renting a house may be considered a business endeavor, depending on who you ask. This may seem like a controversial question, and there are at least two answers to take into consideration. From a financial standpoint, renting a residential property may result in passive income. It is important to note that investors do not have to pay self-employment taxes when reporting their rental properties. Therefore, many would argue that owning a rental property is not considered a “business,” specifically in the lens of tax filing. From a career standpoint, however, many individuals make a living on passive income derived from their rental property companies; in this lens, renting a house can be considered a business. When all is said and done, it’s entirely possible to manage a rental property portfolio as a business, but those with a single rental property may not necessarily need to start a company to collect passive income. It’s only once the portfolio starts to grow that turning the practice of renting into a business becomes more important.

 

A Rental Property Business Takes Time!

Learning how to start a rental property business isn’t all that different from just about every other entrepreneurial endeavor. Investors simply need to identify several key elements prior to getting started; that way, they can start their business on a solid foundation. Here are some of the most important steps to consider when drafting a rental property business plan and becoming a real estate entrepreneur:

  1. Join a local REI club and start networking
  2. Pick a niche and choose your rental property market
  3. Figure out the proper financing and secure it
  4. Conduct the appropriate research and hire a manager
  5. Implement systems to improve efficiency
  6. Manage the properties and scale the business at a sustainable pace

Join A Real Estate Investor Club

Joining a local real estate investing club or association provides networking opportunities, not the least of which may actually help rental property investors find a partner—or perhaps anyone else who may help them further their rental property business plan. There’s absolutely no reason to think new investors, and specifically aspiring rental property owners, can’t find a helpful hand at a real estate investor club. These types of meet-ups are specifically designed to help their attendees, and there’s always someone willing to lend a hand. At the very least, investors will gain insight into local professionals who are most likely already doing the one thing they want to do.

Pick A Niche & Choose A Market

Determining where to invest can often be more important to investors than how much capital, or experience they bring to the table. After all, the golden rule of real estate still persists: location, location, location. There is perhaps no factor that is more influential to the success of a rental property investor than the location in which they choose to invest. The location will determine everything from demand and price, not to mention the property’s long-term potential. Therefore, a truly great rental property business plan will want to make sure it answers these questions, and many more just like them:

  • How distant a market am I willing to invest in?
  • Do I have a team in place to handle the day-to-day, or will I have to commute back-and-forth?
  • How much will commuting and market research cost me?
  • How stable and diverse is the economy in a market? Are there various business sectors that can help keep jobs and businesses? Is there one main employer?
  • What’s the average market price for property acquisition?
  • What’s the average rental price?

There’s no rule that says investors need to live in the markets they invest in, but there is no excuse for neglecting to mind due diligence and research the local hosing market. To invest successfully, investors need to know every detail about a specific area, not to mention the specific niche they intend to serve. If for nothing else, investors need to know their renters just as much as the area they are investing in. Picking a niche, not unlike focusing on college housing or single-family homes, is the easiest way to target a specific audience. Therefore, it’s at this time rental property investors should decide who they are going to serve; only then will they be able to tailor their rental property business plan to see the needs of their audience.

 

 

Figure Out Financing

Securing financing is probably the biggest hurdle rental property investors face. However, financing a real estate deal isn’t nearly as hard as many new investors make it out to be. As it turns out, there are countless lenders just waiting for an opportunity to give a savvy investor the money they need to invest in real estate. Outside of traditional sources, like institutionalized banks, today’s real estate investors have access to more funding sources than ever before. Private money lenders and hard money lenders, in particular, have become synonymous with the best ways to secure funding, and are as willing to work with investors as investors are eager to work with lenders.

These “alternative” sources tend to coincide with higher interest payments (often three to four times higher than traditional banks), but the added cost is well worth it. In exchange for their higher rates, investors not only receive the money they need to complete a deal, but they also receive it a lot faster than they would if they went through a bank. Whereas banks can take upwards fo a few months to distribute funds, alternative lenders can have the money in investors’ hands in as little as a few days—if not hours.

It is also important to note that securing financing should be done prior to even looking for a home. That way, the investor will know exactly how much home they can afford, and which investments are worth pursuing further.

Conduct Research & Hire A Property Manager

Becoming a landlord means investors will be responsible for maintaining the appearance and function of the rental property. Whether or not the investor is a handyman, however, is a moot point, as it’s highly recommended that they hire a property manager. While it helps to know everything about a subject property, enlisting the services of a third-party property manager is an essential step in a rental property business plan. Through their help, investors may expand their portfolio without adding on countless hours of work. If for nothing else, a property manager will take care of everything. From finding tenants to collecting rent, property managers will see to it that everything is covered. Meanwhile, the investor is free to add more assets to their portfolio and increase their passive income cash flow.

Systemize

There are many rental plan options for landlords, such as specializing in low-income neighborhoods or university towns. Alternatively, they can choose to specialize in higher-income, urban neighborhoods. Different strategies require different skills sets, so landlords may find better success if they pick a niche in which they specialize. However, regardless of the niche, landlords will need to set up a system for running applications, credit and background checks. Adding proven systems to a rental property business plan is the surest way to make success habitual. Therefore, investors will need to create a system for every single process associated with rental property investing. That way, there will always be an appropriate course of action, regardless of the situation. Property managers, for that matter, make it a lot easier to implement systems.

Manage The Properties

Managing a rental property is about far more than just hiring a property manager; it’s about figuring out exactly what systems will be put in place to keep the properties in good shape and the cash flowing in. This means answering queries like:

  • Are you going to be a landlord? (Or will you hire a property manager?)
  • Who will find and select tenants?
  • Will you perform repairs to maintain property? (Or hire a contractor?)
  • Who will perform yard maintenance and other duties?

Your answers will depend on your budget, and available time. The key is to use your rental property business plan to map out all management systems beforehand and ensure there are no last-minute surprises.

 

 

How To Write A Rental Property Business Plan

Starting a rental property business is one thing, but learning how to write a rental property business plan is something entirely different. While the two sound similar, the latter is a critical step that makes the former even stronger. At the very least, knowing how to start a rental property business must come before actually starting one. As a result, investors will need to familiarize themselves with the most important steps first:

  1. Determine a vision and write a mission statement
  2. Set passive income and business goals
  3. Build a team structure that is conducive to success
  4. Gain a high-level overview perspective of the company as a whole
  5. Develop marketing systems and funnels tailored to a specific audience

 

Vision & Mission

A truly great rental property business plan must emphasize one thing above everything else: the investor’s vision or mission. What an investor hopes to achieve by investing in real estate may simultaneously serve as motivation and a guide when times are less than ideal. Therefore, investors must take a minute to think about why they are investing. Is it to retire comfortably? Is it to spend more time with family and friends? Is it both of these things? Knowing their “why” will help investors build out a sound business strategy; one that gets them closer to their goals with each and every investment. Consequently, those without a mission won’t have any idea what direction to head, which doesn’t bode well for any rental property business.

 

Passive Income Goals

While closely related to one’s own vision or mission, passive income goals identify how much cash flow will be necessary to satiate investors’ appetites. That said, passive income goals should help investors meet their own mission statement. Likewise, if an investor wants to retire comfortably, they will need to set their passive income goals high enough to facilitate their desired retirement. While everyone’s passive income goals will be different, a general rule of thumb is to account for how much cash flow will be necessary to maintain their preferred lifestyle.

Remember, goals should be realistic and directly related to the reason someone wants to invest. Seeing overly ambitious goals can deter many investors from progressing, so it’s important that the goals are achievable. The sense of accomplishment developed from realizing a goals is, oftentimes, a powerful motivator.

Determining passive income goals will also help answer the most important question of them all: what type of rental property will I focus on? Residential? Commercial? Multi-family? Start from the end, and work backwards for better results; it’s the best, and most efficient, way to build a business.

Structure

Starting a rental property business may lead many investors to hiring a team. After all, it’s true what they say: many hands make light work. The more qualified individuals investors have working towards a common goal, the more likely they are to realize success. Not only that, but hiring a competent real estate team is simply one more step towards investors removing themselves from the equation and earning more passive income. That said, it’s not enough to hire just anyone; the employees need to bring something new to the table. Investors need to hire a team that compliments their skills—not that replicates them. That way, the team structure is more well-rounded and capable of accomplishing more tasks.

 

High-Level Overview

Investors need to look beyond the prospects of a single investment property, and towards the potential of an entire portfolio. While a single home can produce encouraging cash flow levels, an entire portfolio can help investors realize financial freedom. Therefore, it’s important not to forget the “bigger picture.” Sure, start with a single home, but plans should inherently be scalable. When writing a rental property business plan, see to it that everything can be expanded to include future growth.

 

Marketing

Buying a rental property is just the first step on a passive income investing journey. At some point, investors need to figure out how to find tenants to bring in cash flow. More often than not, investors will rely on their property manager to fill vacancies. However, in the event an investor neglects to hire a property manager, there are various ways to find tenants, not the least of which include:

  • Rental websites
  • Social media
  • Print media/newspaper
  • Local bulletin boards
  • Local Realtors
  • Word-of-mouth marketing
  • Direct mail campaigns
  • Previous renters

 

Is A Rental Property Business A Good Investment?

Investors will know if a rental property is a good investment if their net cash flow remains consistently positive. Seasoned real estate investors know that, in order to have a solid rental plan and business, they must first mind their due diligence and ensure that a rental property is indeed a good investment. There are several measurements available to help investors get an idea of the profit-making potential for a property.

 

 

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Chicago Residential Landlord and Tenant Ordinance provides explicit self-help remedies

Chicago Residential Landlord and Tenant Ordinance provides explicit self-help remedies

  • Posted: Feb 23, 2019
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Your landlord has the responsibility of maintaining the building in compliance with building, health and safety codes.

Read more articles on nationalevictions.com our Blog is State Specific with content for Landlords and Tenants

The Chicago Residential Landlord and Tenant Ordinance provides explicit self-help remedies that tenants should use when they discover defective conditions in their apartments. It is essential to contact an attorney to begin using these remedies, but because there exists the possibility of legal action by the landlord, tenants should document and keep records of their activities.

These remedies are based on a theory similar to those we rely upon when we purchase goods at a store. For example, if you buy a stereo and then discover that it has a defect, you can return it to the store to get a replacement, have it repaired, or obtain a refund. The law implies a guarantee when we purchase goods that allows us a remedy if the goods are defective or not fit for the purpose they were intended.

A similar guarantee is implied in every residential lease agreement. In legal terms, this guarantee is called the “implied warranty of habitability.” This warranty means that your landlord guarantees that your apartment meets most of the standards set out in Chicago’s Building Code and is fit for living in. The Illinois Supreme Court has defined “fit for living in” to be an apartment that is safe and sanitary. Minor violations of the Building Code or cosmetic defects must be substantial. But like the example of the defective stereo, if your apartment does not substantially meet the standards of the Building Code, you are not receiving full value for the rent you are paying, and you may be entitled to repairs or a reduction in rent.

Under the Chicago Residential Landlord and Tenant Ordinance, the landlord has the responsibility of maintaining his building in compliance with the Municipal Code and making all repairs promptly. The following is a list of some of the provisions with which the landlord must comply:

  • a. Appliances: Must be maintained and repaired as necessary if supplied by the landlord.
  • b. Basements and Cellars: Must be kept in a safe and sanitary condition including the removal of excess materials that create a fire hazard and making sure there are no leaks.
  • c. Elevators: Must be maintained in buildings ten stories or higher.
  • d. Exits: Must provide a safe and unobstructed means of escape from every apartment to the ground level.
  • e. Exterminating: Building must be kept free of rats and reasonably free of insects.
  • f. Exterior: Roof must be kept water-tight.
  • g. Fire Extinguisher: If the building is greater than three stories, there must be a fire extinguisher on each floor.
  • h. Garbage: Landlord must supply and maintain trash facilities.
  • i. Heat: Must provide heat to all apartments from September 15 until June 1. The following average temperatures must be maintained throughout the entire apartment: 68 degrees from 7:30 a.m. to 10:30 p.m. and 63 degrees from 10:30 p.m. to 7:30 a.m.
  • j. Hot Water: Sinks, bathtubs and showers must be provided with 120-degree water from 6:00 a.m. to 10:30 p.m.
  • k. Interior: Walls ceilings and floors must be kept in sound condition. Floors must be free of rotting floorboards. Walls and ceilings must be free of loose paint or plaster.
  • l. Lighting of halls: Halls and stairways must have adequate lighting at all times.
  • m. Plumbing and Electrical: Must be maintained in good working order at all times. Switchboards and circuit breakers must be accessible to the tenant.
  • n. Poisonous Paint: Must be free of all lead-based paint.
  • o. Public areas: Landlord must keep all shared areas of building safe, clean and sanitary.
  • p. Screens; Must be provided to all apartments on ground floor and floors 1-4 from April 15 to November 15.
  • q. Security Devices for Apartment: Landlord must supply and maintain a dead bolt lock and a viewing device on each door to the apartment. Windows within 20 feet of ground level or 10 feet above an adjacent roof, exterior stairway, fire escape, ramp or porch must have ventilation locks.
  • r. Building Security: Every building entrance must be secured by a door with a dead bolt lock.
  • s. Smoke Detectors: Must have at least one smoke detector per apartment and one at the top of each interior stairwell.
  • t. Stagnant Water: All yards, courts, passageways and other portions of the building lot must be kept free of stagnant water.
  • u. Stairways and Porches: Must be kept in safe condition and sound repair. This includes the railings of porches and stairs.
  • v. Water: Hot and cold running water must be maintained to sinks, lavatories, baths and showers.
  • w. Water Fixtures: Landlord must provide a flush toilet, lavatory basin, bathtub or shower, and kitchen sink.
  • x. Windows: Must be kept in good condition, fit well, open easily and be tight.

If you discover defective conditions in your apartment, first call your landlord to see if s/he will repair the defects. If the landlord does not respond satisfactorily, you should consider one of the remedies that follow. Remember, proof of notice of the defects to your landlord and using the remedies correctly if the landlord fails to repair are very important. If the landlord is uncooperative or not responsive and the defects appear to be serious or substantial, you should also consider calling the City Department of Buildings to arrange an inspection. The number to call is (312) 744-5000.

 

Repair and Deduct

If your apartment needs only minor or inexpensive repairs, “repair and deduct” is an effective way to have them completed. The repair and deduct remedy allows you to have the repairs done and then deduct the cost of the repairs form the rent payment. As always, there are steps that you must follow closely to avoid later problems. The Ordinance sets these out as follows:

  1. Make a list of the necessary repairs. Be as detailed as possible. This is your chance to tell your landlord what you want repaired.
  2. Send a copy of the list to your landlord along with a letter that states that you will exercise your legal right to pay for the repairs and deduct that amount from the next rent payment if the repairs are not completed within 14 days of receipt of the letter. Repair and deduct cannot begin until the 15th day after the landlord receives the demand letter. There is an example of this kind of letter in Chapter 7.
  3. Send the letter by certified or registered mail, return receipt requested, or hand deliver it to your landlord. If you give the letter to your landlord personally, have a witness go with you to be sure of the day your landlord received the letter. Be sure to keep a copy of the letter.
  4. Do not exceed $500 or one-half of the monthly rent for the repairs, whichever is greater. If you pay less than $500 in monthly rent, you cannot “repair and deduct” in excess of rent you pay each month.
  5. Submit a paid bill to your landlord from an appropriate tradesman or supplier for the cost of the repairs. The costs must not exceed what is reasonable for such services. Remember to keep a copy of all bills and receipts.

Withholding Rent

If your landlord fails to maintain the apartment and common areas in the manner defined by the Building Code, you may reduce your rent until your landlord fixes the problem if you follow the steps listed below carefully. Failure to do so could allow your landlord to successfully evict you for nonpayment of rent.

  1. Make a detailed list of the repairs necessary in each room of the apartment and common areas. If possible, take pictures of the defective conditions and have witnesses inspect the conditions.
  2. Send a copy of this list to the landlord along with a letter that states that you intend to withhold a portion of your rent if the landlord does not make the necessary repairs within 14 days of receipt of the letter. Rent withholding cannot begin until the 15th day after the landlord receives the demand letter. A sample letter can be found in Chapter 7. The letter may state the amount you intend to withhold and should be based on the reduced value of the apartment in its defective condition.
  3. Send the letter by certified or registered mail, return receipt requested, or hand deliver it to the landlord with a witness to be sure of the day your landlord received the letter. Be sure to keep a copy of the letter.
  4. Be sure you are conservative in the amount of rent you withhold! The amount is based on the reduced value of your apartment, depending on the problems in your apartment and their severity. You could be evicted if you withhold more than what the court finds to be justifiable. (if you are living there, the courts will presume that the apartment has some value.) Keep in mind that you always have the right to sue the landlord for any additional amount overpaid and not recovered through rent withholding.
  5. Hold on to any money withheld. Although not required by law, you may want to put the withheld rent in a special bank account called an “escrow.” If the judge finds that you have withheld too much, the money is available to you for back rent payment and prevents an eviction. These funds can also be useful in negotiating repairs.

 

 

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Rental Maintenance Jobs You Or Your Tenants Should Never Try

Rental Maintenance Jobs You Or Your Tenants Should Never Try

  • Posted: Jun 27, 2018
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Rental Maintenance You Or Your Tenants Should Never Try

Fixing a paint job yourself that didn’t turn out right is one thing. However having to pay thousands of dollars for repairing the structural damages that resulted from a poorly done plumbing, electrical or HVAC job is another. Landlords will be taking money out of there pocket to fix problems when they let Tenants do the work.

“Leaving these maintenance projects to a professional will make what you spend worth the peace of mind and safety you’ll get in return.” – NationalEvictions

Hands-on Electrical Work

Repairing or re-configuring wiring is not do-it-yourself project. You might change a lightbulb or even install a new light fixture – maybe. But there is a reason why electricians charge higher rates. They have to go through extensive professional training to prepare for safely tackling wiring repairs. A property’s wiring/electrical configuration can be made unique by different electrical work being done throughout the years. This makes “one size fits all” procedures that are advertised online completely useless. The main risk of attempting electrical work yourself is being shocked or starting a fire. Both potentially deadly side effects to handling wiring without experience. Also doing it yourself can risk creating further damage that requires more extensive, and pricier, repairs down the road.

No. 2 – Gas Appliances

Working on gas appliances implies handling hazardous materials and facing potentially deadly side effects. Gas furnaces, ovens, water heaters or dryers should only be worked on by professionals. Turning off the gas while working on them is not a sufficient precaution. Gas leaks can easily be created by a poorly done project or reassembly. That could expose your rental home to a leak that could cause carbon monoxide poisoning, or worse, an actual explosion.

No. 3 –  HVAC

Our HVAC professionals strongly encourage property owners and tenants to stick to the basics. That means changing filters and cleaning around vents. Let the professionals handle anything more serious or complicated. Air conditioning and furnace repairs affect the air quality within a property. Poorly installed or maintained equipment can reduce efficiency and inflate. It can also be the root cause of respiratory infections and problems for those living and breathing in the property. Just like electrical professionals, HVAC professionals are required to undergo specialized training. That training allows them to obtain special licenses that legally allow them to work with certain materials. When refrigerants are concerned, one would not be complying with the Environmental Protection Agency’s (EPA) regulations by working on air conditioning as a do-it-yourselfer.

No. 4 – Plumbing

That clogged drain might have been a piece of cake to work on. However major plumbing projects like re-routing existing plumbing or spot-fixing a leak is a whole different story. Water damage is extremely costly to repair. Even a small leak can be the culprit behind a plumbing-related emergency that costs a property thousands of dollars in damages.

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