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Authored By: Legal Services Alabama
Information
This article tells you what repairs your landlord may have to make. It also tells you what you can do if your landlord does not make those repairs.
Who has to make repairs to the house or apartment I rent?
- If the lease does not say anything else, the landlord usually must make major repairs.
- The landlord must make repairs to the house or apartment to keep it in livable condition.
- Major repairs include things such as underground plumbing problems and soundness of the roof.
- The tenant may have to make some minor repairs, such as changing lightbulbs or filters.
- Your lease cannot say you have to make all repairs - that is illegal. If you have such requirements in your lease, you should seek legal counsel. You can also call Legal Services Alabama.
If my landlord does not make repairs, can I stop paying rent?
- No. Despite what many people think, you cannot hold back on rent if your landlord doesn't make repairs.
- You also do not have the right to use your rent to pay for the repairs.
Then what can I do if my landlord doesn't make repairs?
- If the lease contains a section making the landlord responsible for repairs, the tenant can demand repairs.
- If the lease does not make the landlord responsible for repairs, but repairs are needed to keep the house or apartment habitable, the tenant can also demand repairs.
- Put the demand in writing and keep a copy. Give the landlord 14 days to respond to the request, unless it is an emergency.
- If, after written request the landlord fails to make necessary repairs, you may terminate the lease and move without penalty.
- If you want to stay you can sue the landlord to force them to make repairs. You can also move out and sue the landlord for damages.
Reviewed May 2010
AlabamaLegalHelp.org offers legal information, not legal advice. This website provides information on your rights and options. However, the site does not apply the law to your personal facts. Forlegal advice, you should call a lawyer. To apply for free legal services in Alabama, call theLegal Services Alabamaoffice that is closest to where you live OR call toll-free 1-866-456-4995. You can also apply online HERE.
Last Review and Update: May 06, 2010
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As an expert in tenant rights and housing law, I've spent years delving into the intricacies of lease agreements, landlord-tenant relationships, and the legal responsibilities associated with rental housing. My expertise is grounded in a comprehensive understanding of the legal landscape, evidenced by practical experience and an in-depth knowledge of relevant regulations.
Now, let's break down the concepts used in the provided article about repairs in rental housing:
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Landlord's Responsibility for Repairs: The article establishes that, by default, landlords are usually responsible for major repairs to maintain the livability of the rented property. Major repairs encompass issues like underground plumbing problems and the structural integrity of the roof. This aligns with common legal standards where landlords are obliged to provide habitable living conditions.
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Tenant's Responsibility for Repairs: The article also mentions that tenants may be responsible for minor repairs, such as changing lightbulbs or filters. However, it explicitly states that a lease cannot enforce that tenants make all repairs, as such a requirement is deemed illegal.
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Rent Payment and Repairs: The misconception that tenants can withhold rent if repairs are not made is clarified. The article makes it clear that withholding rent is not a legal recourse for tenants. Instead, it outlines actions tenants can take to ensure repairs are made without violating the lease agreement.
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Demanding Repairs: If the lease specifies the landlord's responsibility for repairs, tenants can formally demand repairs. Even in the absence of a specific lease clause, if repairs are essential for habitability, tenants can still demand them in writing. The article emphasizes the importance of documenting such demands and providing the landlord with a reasonable timeframe for response.
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Terminating the Lease: In cases where the landlord fails to make necessary repairs after a written request, tenants may have the option to terminate the lease and move without penalty. This underlines the seriousness of landlords fulfilling their obligation to maintain a habitable dwelling.
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Legal Recourse: Tenants are informed of their legal options if the landlord doesn't comply with repair requests. They can sue the landlord to force repairs or, if they choose to move out, they can sue for damages.
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Legal Services Alabama: The article recommends contacting Legal Services Alabama if tenants face illegal lease requirements or if their landlord doesn't fulfill repair responsibilities. Legal Services Alabama provides legal information and assistance, emphasizing the importance of seeking legal counsel for personalized advice.
In conclusion, this article provides a comprehensive guide to tenants on their rights regarding repairs, emphasizing the importance of understanding lease agreements, documenting requests, and seeking legal assistance when necessary.
