How to Resolve Landlord Disputes
Document the problem., Talk to your landlord., Follow up with a letter., Wait for a response., Negotiate., Call the local building inspector., Write down any resolution., Take additional action, if necessary.
Step-by-Step Guide
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Step 1: Document the problem.
Whatever issue you are having should be fully documented.
The documentation will be useful in case you can’t negotiate a resolution and need to sue.
Consider the following:
If you have a problem with the unit, take pictures or video of the problem.
You can photograph mold, leaky pipes, mice infestation, etc.
Write down information.
For example, if you don’t have enough heat, write down the date and the temperature inside.
If you are having trouble paying your rent, then document your expenses and your income.
You’ll want this information to show your landlord. -
Step 2: Talk to your landlord.
Many disputes can be solved between landlords and tenants.
Many landlords are willing to work out a solution to the problem you are having.Call up your landlord or stop by.
Document what each of you said and the date of the conversation.
Remember to be as friendly as possible.
There’s no reason to assume your landlord won’t agree to help you out. , If your landlord won’t solve the issue, you need to follow up in writing.
Send either a letter or an email.
Mail letters certified mail, return receipt requested.
The purpose is to document in writing that you have spoken to your landlord.
Include the following information:
The issue.
For example, you can write: “Per out telephone conversation January 22, 2017, I am reporting that my radiator has not been working properly.” How the issue has affected you.
For example, “As you can imagine, this has been most distressful.
I have expected my apartment to be habitable in the winter.
Instead, I am cold all day and night.” The duration of the problem. “I first noticed the heat went out on January 21, 2017, so it has not been working for nearly two weeks.” Any steps you have taken to correct the problem. “I bought an electric space heater to heat my apartment as much as possible.
The heater cost $39.99.
I’ll also have to pay for the added electricity.” What you want the landlord to do.
For example, “Please fix the radiator as soon as possible.” , Hopefully, your landlord will respond promptly.
If not, you should wait a decent amount of time.
The amount of time you wait should depend on the seriousness of the issue.You shouldn’t wait more than a day for serious issues like a lack of running water, heat, or any other unsafe condition., To resolve the dispute, you may need to give something up to get something in return.
For example, if you want extra time to pay rent, you should be prepared to pay a penalty or a little extra in interest.
However, you don’t need to negotiate if your lease or the law requires your landlord to do something.
For example, you don’t need to pay extra to have your apartment properly heated.
That’s the law. , If your landlord ignores you, you may need to call your department of health or your local building inspector.Look in the phone book for the number.
They can send someone out to investigate if your apartment is not habitable.
Only call if there is something wrong with your apartment that makes it unlivable.
For example, insufficient heat or running water, or dangerous conditions, warrant a call to the building inspector.
Don’t call because your landlord won’t lower your rent or refuses to let you paint the walls.
These disputes have nothing to do with the health or safety of the unit.
Try to get a copy of the inspector’s report.
This will be helpful in case you go to court.
The city may fine your landlord for not fixing dangerous conditions in your apartment.
Hopefully, that will spur your landlord to fix the problem. , If you reach an agreement with your landlord, get the agreement in writing.You’ll want proof that you both agreed to a resolution.
For example, if your landlord allows you to sublease your apartment, then you’ll want that in writing.
If you can’t get your landlord to sign something, at least have them email you that they agree. , If your landlord continues to ignore you, then you may be forced to take action.
Each state has different rules for what you can do.
You may need to consult with a landlord-tenant lawyer or legal aid clinic to fully understand your options.
For example, you may be able to do the following:
Repair and deduct.
In some states, you can pay to have a problem fixed and then deduct the amount of repairs from your next month’s rent.
You probably have to send your landlord a letter explaining that you intend to repair and deduct.
Withhold rent.
In some states, you can refuse to pay rent until the problem is fixed.
You should tell your landlord why you are withholding rent.
You may have to pay the rent to the local court.
Move out of the apartment.
Depending on how serious the problem is, you might be able to break your lease if the apartment is uninhabitable.
For example, no heat in winter makes an apartment uninhabitable. -
Step 3: Follow up with a letter.
-
Step 4: Wait for a response.
-
Step 5: Negotiate.
-
Step 6: Call the local building inspector.
-
Step 7: Write down any resolution.
-
Step 8: Take additional action
-
Step 9: if necessary.
Detailed Guide
Whatever issue you are having should be fully documented.
The documentation will be useful in case you can’t negotiate a resolution and need to sue.
Consider the following:
If you have a problem with the unit, take pictures or video of the problem.
You can photograph mold, leaky pipes, mice infestation, etc.
Write down information.
For example, if you don’t have enough heat, write down the date and the temperature inside.
If you are having trouble paying your rent, then document your expenses and your income.
You’ll want this information to show your landlord.
Many disputes can be solved between landlords and tenants.
Many landlords are willing to work out a solution to the problem you are having.Call up your landlord or stop by.
Document what each of you said and the date of the conversation.
Remember to be as friendly as possible.
There’s no reason to assume your landlord won’t agree to help you out. , If your landlord won’t solve the issue, you need to follow up in writing.
Send either a letter or an email.
Mail letters certified mail, return receipt requested.
The purpose is to document in writing that you have spoken to your landlord.
Include the following information:
The issue.
For example, you can write: “Per out telephone conversation January 22, 2017, I am reporting that my radiator has not been working properly.” How the issue has affected you.
For example, “As you can imagine, this has been most distressful.
I have expected my apartment to be habitable in the winter.
Instead, I am cold all day and night.” The duration of the problem. “I first noticed the heat went out on January 21, 2017, so it has not been working for nearly two weeks.” Any steps you have taken to correct the problem. “I bought an electric space heater to heat my apartment as much as possible.
The heater cost $39.99.
I’ll also have to pay for the added electricity.” What you want the landlord to do.
For example, “Please fix the radiator as soon as possible.” , Hopefully, your landlord will respond promptly.
If not, you should wait a decent amount of time.
The amount of time you wait should depend on the seriousness of the issue.You shouldn’t wait more than a day for serious issues like a lack of running water, heat, or any other unsafe condition., To resolve the dispute, you may need to give something up to get something in return.
For example, if you want extra time to pay rent, you should be prepared to pay a penalty or a little extra in interest.
However, you don’t need to negotiate if your lease or the law requires your landlord to do something.
For example, you don’t need to pay extra to have your apartment properly heated.
That’s the law. , If your landlord ignores you, you may need to call your department of health or your local building inspector.Look in the phone book for the number.
They can send someone out to investigate if your apartment is not habitable.
Only call if there is something wrong with your apartment that makes it unlivable.
For example, insufficient heat or running water, or dangerous conditions, warrant a call to the building inspector.
Don’t call because your landlord won’t lower your rent or refuses to let you paint the walls.
These disputes have nothing to do with the health or safety of the unit.
Try to get a copy of the inspector’s report.
This will be helpful in case you go to court.
The city may fine your landlord for not fixing dangerous conditions in your apartment.
Hopefully, that will spur your landlord to fix the problem. , If you reach an agreement with your landlord, get the agreement in writing.You’ll want proof that you both agreed to a resolution.
For example, if your landlord allows you to sublease your apartment, then you’ll want that in writing.
If you can’t get your landlord to sign something, at least have them email you that they agree. , If your landlord continues to ignore you, then you may be forced to take action.
Each state has different rules for what you can do.
You may need to consult with a landlord-tenant lawyer or legal aid clinic to fully understand your options.
For example, you may be able to do the following:
Repair and deduct.
In some states, you can pay to have a problem fixed and then deduct the amount of repairs from your next month’s rent.
You probably have to send your landlord a letter explaining that you intend to repair and deduct.
Withhold rent.
In some states, you can refuse to pay rent until the problem is fixed.
You should tell your landlord why you are withholding rent.
You may have to pay the rent to the local court.
Move out of the apartment.
Depending on how serious the problem is, you might be able to break your lease if the apartment is uninhabitable.
For example, no heat in winter makes an apartment uninhabitable.
About the Author
Alexander Phillips
Experienced content creator specializing in DIY projects guides and tutorials.
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