Repair & Maintenance
One way to avoid problems with repairs is to have a written agreement, preferably in your lease. The agreement should state which repairs are the landlords responsibility and which are the tenants. The landlord should be responsible for repairs caused by ordinary wear and tear and natural forces such as the weather. Tenants should pay for damages resulting from their own negligence or the negligence of a guest. If repairs are needed, ask the landlord to make repairs within a reasonable period of time. If repairs are not made, make a written request for the necessary repairs and keep a copy of the letter. If the repairs still are not made, the tenant may seek legal assistance. If the dwelling becomes unsafe due to the repair problems, the tenant should contact local health or housing authorities.
Tenant Remedies :
Under very limited circumstances, the tenant may make repairs and deduct the cost from rent or withhold rent if the Landlord fails to make substantial repairs after written notices by the tenant. The tenant should make sure that rent has been paid and there is no violation of other lease provisions. The tenant should seek legal advice from an attorney before utilizing these self help remedies as their application may be complicated and may risk an eviction action from the Landlord.
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