What to do if Your Landlord Refuses to Make Repairs

As a renter, it is inevitable that you will find yourself having to ask your landlord to make repairs. Thankfully, there are laws in place to protect your rights as a renter and ensure that your landlord makes the necessary repairs. However there’s no guarantee that these repairs will happen in a timely manner. The timeline of repairs can be impacted by many variables, such as how efficiently your building is run, how willing your landlord is to make the repairs, the extent of the damage, and more.

Fortunately, there are ways that you can speed up the process. The first step, regardless of what the repair may be, is to follow your building’s guidelines for submitting a repair request. If this is not enough, here are some steps you can take to help speed up the process:

1. Put Your Repair Request in Writing

One of the best ways to deal with repair requests is by putting your request and complaints in writing. Additionally, you want to send this document via certified mail, this way you ensure that your landlord has received the letter and excuses cannot be made. This will also create a paper trail that will come in handy in the event that you have to take them to court. This, however, should only be done once you have already followed the guidelines listed in your lease.

2. Tip Your Building Superintendent

It might seem strange to have to tip someone to do a job they are already getting paid to do, however, there is no denying that a little money can go a long way. It can be what moves you to the top of the repair list, or what gets your repairs done better.

Keep in mind that tipping your building staff over the holidays is customary in New York City. This means it is likely that your super will become more responsive during these months, which can work in your favor if you need a repair done.

3. Call 311 to Report the Safety Violations in Your Building

If you have done all you can to get your landlord’s attention and are dealing with an issue that is dangerous to your health, safety, or life, your next step should be to call 311. This will both help you stay out of housing court, which can save you time and money, but will also place more violations on the building’s history, which will push your landlord to make your repairs.

Upon calling 311, the city will send out an inspector from either the Housing Preservation and Development, the Department of Buildings, or the Department of Health, depending on the severity of the situation.

Once a violation is issued, it will force your landlord to confirm the existence of the issue and require them to either pay a fine or show up to court to contest the violation. Regardless of what your landlord chooses to do, they will be forced to show proof that the violation has been corrected.

However, there is a downside to this option. While your repair will get taken care of, you will not be in the good graces of your landlord. This may hurt you if you are in need of another repair in the future, or when the time comes to re-negotiate your lease.

4. Take Your Landlord to Court

This step should only be taken if the condition of your apartment violates the warranty of habitability. This states that your landlord must provide you with a safe and livable apartment. Violations are categorized into three groups: Class A, Class B, Class C. The group’ specifications are as follows:

• Group A: non-hazardous conditions such as a minor leak

• Group B: hazardous conditions such as roaches or bed bugs

• Group C: immediately hazardous condition, such as a lack of heat or electricity

If your violation falls into one of these categories, you can file an HP Proceeding. This is a lawsuit against your landlord for failure to comply with the law. However, with this proceeding, you are also filing the lawsuit against the City of New York for failure to enforce the law.

For this proceeding, a lawyer is not necessary. Instead, a housing court clerk will prepare the necessary papers for this proceeding. Be sure to make a complete list of all the damages to your apartment, as inspectors will only check the items that are listed.

These proceedings typically get resolved quickly, as the landlord usually will either request more time to get the repairs done, or request that both parties sign a stipulation settlement that requires the landlord to make the repairs within a given amount of time. Class C violations must be repaired immediately, Class B violations must be repaired within 30 days, and Class A violations must be repaired within 90 days. Failure to do so will result in daily fines for the landlord until the repair is made. These fines can range from $50 to $500 a day, depending on the severity of the situation.

5. Withhold Rent

Unfortunately, this route will likely land you in housing court, but it is often the most efficient way to get your landlord’s attention. If you have already submitted a written letter to your landlord and the city has issued the landlord a violation, you are in good standing to withhold rent. At that point, your landlord has violated your warranty of habitability, which is a defense to non payment of rent. However, be sure to document the conditions of your apartment as this will help you in court. Photos are typically the best way to do this.

However, keep in mind that withholding rent can be risky. Class C violations stand the best chance at convincing the court that you are justified in withholding rent. As long as you provide proper documentation of the condition by taking pictures, keeping track of the condition on a daily basis, and logging evidence of your efforts to communicate with your landlord, you are in good shape to win the case, however this is not guaranteed.

If your landlord is able to prove that you have caused the issue or that you prevented them from making repairs, it may take more convincing to sway to court. You must be sure that you will win this case before going down this route, or else it will cost you. If you’re considering withholding rent, talk to an experienced landlord-tenant attorney to discuss your options and whether it’s a good option for you.

6. Do the repairs yourself

This option, while seemingly straightforward, can be a bit risky. Landlords typically never want you to do a repair yourself, as they believe they can get it done for less. If your landlord rejects your attempt at deducting the cost of the repairs out of your rent payments, you may end up in housing court.

This step should only be taken after you have sent a request for the repairs in writing and your landlord has ignored it.

While you do not have the legal right to make ordinary repairs, such as painting for fixing a toilet, if you do it correctly and document it, most courts will allow you to deduct it from your rent. Proper documentation includes the following:

• Writing more than one letter requesting your repairs get done

• Keeping receipts, bills, and proof of payment

• Documentation of the condition

There are certain repairs, however, that should never be done by renters. This includes anything that requires a permit, such as electrical work. These types of repairs must be done by a professional, and attempting to do them yourself can lead to tremendous legal exposure, and likely eviction.

Not Sure What to Do? Contact Outerbridge Law for Help and Protection

If your landlord won’t make repairs, it can have a serious impact on your quality of life. While you have a number of choices for getting your landlord’s attention, each one comes with certain drawbacks. If you can’t get a hold of your landlord and are running out of options, contact Outerbridge Law. With years of experience, Outerbridge Law can identify the best way for you to get your landlord to make repairs, and ensure that you will be legally protected in the event they try to retaliate. To schedule an initial case evaluation, contact Outerbridge Law today.

The information contained in this page is for informational use only. This page does not establish an attorney-client relationship, nor should it be construed as establishing one.