What To Do If Your Landlord Won’t Make Repairs: Tenant Rights, Evidence Checklist, and Legal Remedies

Dealing with a landlord disregarding repair requests is one of the most stressful experiences  renters can face. Whether it’s a furnace that died in January or ceiling that leaks every time it rains, the feeling of helplessness shrouds this unsafe living situation. However, the law provides specific protections and tools to ensure your home remains safe, and by following a methodical action plan, you can hold your landlord accountable.

Key Takeaways

1. The Habitability Guarantee: Nearly every state recognizes the “implied warranty of habitability,” a legal rule requiring landlords to provide a safe and sanitary home regardless of what your lease says.   
2. Documentation is Power: Your success in a legal dispute depends on evidence; maintain a log of all communications, high-quality photos, and copies of formal letters.   
3. Written Notice is Required: Generally, tenants  cannot take legal action until they have provided the landlord with a formal written notice and a “reasonable” time to fix the issue.   
4. Use High-Risk Remedies Carefully: Actions like withholding rent or repair-and-deduct can lead to eviction if done incorrectly; always consult a lawyer or housing agency first.   
5. Local Authorities Can Help: City housing inspectors can visit your home, document code violations, and issue fines that force a landlord to make repairs.   

Disclaimer: Landlord-tenant laws vary significantly by state and municipality; always check your local rules or consult with a qualified attorney or legal aid organization before taking action.

Related article

Eviction Notice FAQs: Can Landlord Put Eviction Notice on Door?

In this article, we will inform tenants of the laws to empower them to protect their rights, avoid unjust evictions, and seek legal remedies when faced with landlord misconduct. On the other hand, landlords benefit from understanding the laws to ensure compliance, avoid legal disputes, and execute eviction proceedings lawfully and effectively…

1. Quick answer: What are my rights if my landlord refuses to fix things?

If your landlord refuses to make repairs, you have the right to live in a home that is safe, clean, and fit for human life under the “implied warranty of habitability.” Throughout the country, if a landlord ignores  serious health or safety issues after receiving written notice, you may be allowed to hire a professional and deduct the cost from rent, pay it into a court-supervised account, or even move out without penalty.   

2. When does a rental become ‘unlivable’ or ‘unsafe’?

A rental property becomes unlivable when a problem is serious enough to threaten your health or safety, or when it violates local building and health codes. The law distinguishes between cosmetic issues (ugly paint or old carpet) and material defects that make the home unfit for people to live in.   

Concrete examples of unlivable conditions include:

1. Essential Utilities: Complete lack of heat in the winter, no hot and cold running water, or no electricity.
2. Sanitation and Plumbing: Sewage backups, toilets not flushing, or a lack of a working shower/bath.   
3. Health Hazards: Severe infestations of rodents or insects, or toxic mold growth caused by a leak.
4. Security and Structure: Doors unable to lock, broken windows, a leaking roof, or sagging floors and ceilings.
5. Safety Features: Missing smoke or carbon monoxide detectors, and exposed or dangerous electrical wiring.

Related article

10 Most Commonly Asked Questions about Renters Insurance

In a world of uncertainties, getting insured is one constant that will give you security, and more importantly, peace of mind…

3. Step-by-step: What to do when your landlord won’t make repairs

1. Read your lease and note repair clauses. Check for specific rules on how to report repairs. While a landlord cannot use a lease to waive your right to a safe home, the lease may specify who to contact or provide a specific portal for maintenance requests.   
2. Notify your landlord in writing. Even if you have already talked to your landlord, a formal notice must be sent. Be specific: state the date, the exact room where the problem is located, and how it is impacting your ability to live there.   
3. Document everything. Take high-quality, time-stamped photos and videos of the defect. Keep a log of every phone call, text, and email, noting the date, the person you spoke with, and what they promised.   
4. Follow up with a deadline and keep all communication in writing. If the first request is ignored, send a formal “Demand for Repairs” via Certified Mail, Return Receipt Requested. This provides a signed postcard proving the landlord received your letter. Grant them a reasonable time to respond; 14 to 30 days for standard repairs or 24 to 72 hours for emergencies.   
5. If nothing changes, contact local code enforcement. Call your city’s building, health, or housing department. An official inspector can visit your home and issue a report that officially documents the violations. This report is highly persuasive evidence if you ever go to court.   
6. Ask legal aid or a tenant-rights attorney about options. If the deadline passes and an inspector’s report doesn’t force a fix, you may need to go to court. Organizations like this can connect you with a lawyer in your area and explain if your state allows specialized remedies like rent escrow or repair-and-deduct.

4. Legal options tenants may have (depending on state law)

If the formal notice and inspection do not work, you may have several legal paths. Warning: Using these remedies incorrectly can lead to eviction for non-payment of rent, so always verify your local laws first.

1. Rent Escrow: In states like Minnesota and New Jersey, you can file a case and pay your rent into a court-supervised account instead of to the landlord. The court holds the money until the repairs are made and may even return a portion of it to you as a refund.   
2. Repair-and-Deduct: Over half of the states allow you to hire a professional to fix a major habitability issue and subtract the cost from your next rent payment. This usually has strict dollar limits (one month’s rent) and requires a receipt to the landlord.   
3. Withholding Rent: Some states allow you to stop paying rent entirely until the issue is fixed. This is the riskiest option; you must typically set the money aside in a separate account and be ready to pay it immediately if ordered by a judge.   
4. Suing for Damages: You can sue in Small Claims Court for a “rent abatement,a partial refund of the rent you paid during the time the home was in poor condition.   
5. Moving Out (Constructive Eviction): If a home is so dangerous it is truly unlivable, you may be able to move out and break your lease without penalty. This is a last-resort remedy requiring you to show the landlord had notice and you vacated within a reasonable time.

Related article

The 10 Tenants’ Common Questions

Being a tenant can be both exciting and challenging. Finding a place to call home comes with a set of responsibilities and rights that every tenant should be aware of. We’ll address some of the most common questions tenants encounter…

5. How to build a strong paper trail (evidence checklist)

Paper trails are your best defense if a landlord tries to evict you for complaining or refuses to return the security deposit. Keep the following evidence in a safe folder:

1. Certified Mail Receipts:Verification that you sent and the landlord received your formal demand letters.   
2. Visual Proof: Photos and videos of the issues taken when you first noticed them and again after the landlord claimed to have fixed them.   
3. Official Reports: Any documents from city housing or health inspectors.   
4. Communication Logs: Complete list of dates and times for every call, visit, or text message.   
5. Financial Records: Proof of all rent payments (rent receipts or bank statements) to show you are meeting your own lease obligations.   
6. Witness Contacts: Names and numbers of any neighbors or professionals who have seen the damage.   

6. When to get help from a lawyer or legal aid

You should seek professional help immediately if:

1. Your landlord sends an eviction notice after you have requested repairs.   
2. The repairs needed are very expensive or involve major structural failures.   
3. The condition of the home has caused you or your family to become ill or injured.
4. The landlord is harassing you or has illegally cut off any utilities.   
5. You are planning to withhold rent or move out due to the home’s condition.   

Conclusion: The modern legal system recognizes that  homes are more than a piece of property; they’re a package of essential services that must remain safe and functional. While it is frustrating to deal with an unresponsive landlord, the law provides clear paths to justice. By remaining calm, documenting every detail, and following applicable state specific legal procedures, you can protect your rights and ensure you have a safe place to live. If you find yourself in over your head, remember that local legal aid and housing agencies are there to help you navigate these rules.

FAQs About What to Do If Your Landlord Won’t Make Repairs

1. Can my landlord charge me a “service call fee” just for looking at a repair?
While some leases include repair deductibles (often $25 to $75), these are generally unenforceable for habitability repairs. Because the landlord has an absolute duty to keep a home safe, they cannot usually charge you a fee to fulfill that legal obligation.   

2. What happens if my home is damaged in a fire or flood, is the landlord still responsible? 
Yes. The implied warranty of habitability still applies even if the damage was caused by an accident or natural disaster. If the home is unsafe, the landlord must fix it, or you may have grounds for constructive eviction, allowing you to break the lease without penalty.   

3. Can my landlord sue me for the “missing” rent if I use repair-and-deduct? 
A landlord might try to sue you, but if you’ve followed your state’s legal procedures exactly, your receipts and notice letters serve as a “complete defense” in court. The judge should rule in your favor since you spent the money on an essential repair the landlord failed to provide.   

4. Am I responsible for repairs in common areas like the hallway or laundry room? 
No. The landlord is responsible for the safety and sanitation of all common areas. If a broken hallway light or a pest infestation in the laundry room makes the building unsafe, the landlord is in breach of their duties, and you can request repairs similarly for your own unit.   

5. Can the landlord enter my home whenever they want if I requested a repair? 
No. Even if you requested a repair, landlords must still give you reasonable notice, usually 24 hours, before entering. The only exception is in a true emergency, including an active flood or fire.