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Guide Home Site Map Renting Laws Apartment Life FAQ Legal Help Appendix Links Legal Aid Network Home Page This website provides information on renting for residency in Lexington, Kentucky. Renting laws change from city to city, and from state to state. You should NOT assume any of the information provided in this website applies to an area outside of Lexington.

>Renting Laws   >Landlord Noncompliance   >Maintenance Neglect
  

Maintenance Neglect

In many rental agreements the landlord makes all repairs. Landlords will usually not protest if you make your own repairs; however, it may be a good idea to write this in the lease and/or to ask the landlord's permission before making a repair. If you make a repair on your own and something larger gets damaged, then the landlord can make you pay for it. If the landlord makes the repair, all materials and labor are at cost to the landlord.

One of the most common problems with landlords is that they neglect important repairs that need to be made to keep an apartment pleasant and habitable. Be sure to COMMUNICATE with your landlord and be sensitive if s/he is in a situation that prevents him/her from being prompt. Landlords can also take advantage of tenants that are too nice. Remember that your landlord is making a profit from your money and as a result you deserve adequate repairs (see Advice On Dealing With Landlords). Try to make a balanced judgment of the situation based on the following advice for:

Non-Emergency Repairs

Emergency Repairs

Health/Safety Violation

>> You can GET A REPAIR MADE ON YOUR OWN (this includes paying someone else to fix it, such as a plumber) and take the amount of cost for the repair out of next month's rent, but ONLY IF THE REPAIR THREATENS YOUR HEALTH OR SAFETY (see Health / Safety Violation). You may also get an essential service (e.g. heat, running water, electric) turned on at the landlord’s expense if s/he is suppose to supply you with that service (see Essential Services). Some landlords will also let you make minor repairs on your own, and take the cost of the parts out of next month's rent. Be sure to approve this with the landlord ahead of time, and mail in a copy of the receipt with your reduced rent.

Non-Emergency Repairs
(e.g. dripping faucets, cracked ceilings, holes)

If you suspect your landlord is being neglectful of your repair needs, try pursuing the following steps to get the repair(s) made. These steps are for repairs that do not urgently need to be fixed:

1. CALL the landlord about any repairs that you feel need to be made. Do not be unreasonable with your requests. It is unfair to expect the landlord to repair every little crack in the wall.
2. Try to get VERBAL COMMITMENTS from the landlord about WHEN the repair(s) will be made and mark them on your calendar. Take notice when these promises are not met. It would also be a good idea to keep a RECORD of all the phone calls, verbal commitments, and broken promises made.
3. Give the landlord SUFFICIENT TIME to return any of your phone calls and/or to make the repair(s). Most landlords do like to keep their tenants happy. Other landlords simply don’t care and will ignore you. Try to distinguish the kind of person you are dealing with based on his/her willingness to communicate with you and cooperate with your requests.
4. If your landlord does not keep his/her promises, is ignoring your phone calls, and/or is obviously neglecting her/his duty to make repairs, then the first thing to do is SEND A LETTER. Specify the repair and ask that it be corrected by a CERTAIN DATE. Use respectful language in the letter. It would also be a good idea to cite specific Building or Housing Code violations to let your landlord know that you know what you are talking about (contact the Division of Code Enforcement for a list). SIGN and DATE the letter and ask that the landlord RESPOND TO YOU IN WRITING. Be sure to keep a copy for yourself. Most landlords will understand that a written notice shows that you know your rights and you know the law. This might pressure him/her into making the repair. In Appendices there is a Model Letter to Confirm A Verbal Agreement To Repair.
5. If your landlord still does not respond to your letter, or s/he responds and does not make the promised repair, CALL him/her again and explain that you are going to call a Code Inspector to the apartment to look over the property. Also, SEND him/her a letter stating the same information, SIGN and DATE the letter (keep a copy). Give the landlord one more chance to respond to each of these attempts at communication. Make sure that your landlord received your letter(s). If s/he did not get the written notice(s), then s/he is not legally notified (see Giving Notice).
6. If the landlord remains negligent, you should call the Code Inspector. WARNING: CALLING A CODE INSPECTOR ON YOUR LANDLORD IS AN EXTREME ACTION! IF YOU CALL THE INSPECTOR, YOU WILL BE BRINGING THE CITY GOVERNMENT INTO THE SITUATION. YOU SHOULD ONLY USE THIS OPTION AS A LAST RESORT!! See Code Enforcement to learn more.
7. If you must call a Code Inspector, it is important that you keep a RECORD of everything that happens after that – times, dates, name of inspector, promises of inspector, actions of landlord, all of your efforts, etc. This step-by-step documentation can serve to protect you if you are faced with some type of Retaliation by your landlord in the future.

>> If you are driven to extremes with your landlord, and you feel that you need to call a Code Inspector, you may want to get advice from Tenant Services first. Tenant Services can mediate between you and the landlord – they can call the landlord for you and discuss the legal repercussions of calling a Code Inspector. This may be enough pressure to get the landlord to make repairs without calling a Code Inspector.

Emergency Repairs
(e.g. clogged toilet, leaking gas, things that need to be fixed NOW)

Sometimes a repair in the apartment is very urgent and needs to be fixed that day or within the next couple of days. Most likely, if it is an emergency situation then it is also a threat to your health and/or safety. In this situation, you should:

a.  Call the landlord immediately. Be sure to let him/her know of the urgency of the situation and ask that s/he correct the problem that same day.

b.  If the landlord does not respond to your first call, call again later the same day or again the next day (depending on the urgency of the situation).

c.  If the landlord still does not respond to your calls, follow the advice given under Health / Safety Violation.

Health/Safety Violation

You can get a repair made on your own (this includes paying someone else to fix it, such as a plumber) and take the amount of cost for the repair out of your next month’s rent, but only if the repair threatens your health or safety. You may also take this same action to get an Essential Service (e.g. heat, running water, hot water, electric) turned on at the landlord’s expense if s/he is suppose to supply you with that service.

In an emergency situation, most likely the repair violates health or safety rules. If you are unsure if a repair constitutes as “health or safety violation” then you can call the Code Enforcement office and ask them over the phone. Make sure you are clear that you are not asking to schedule an inspection, you are only inquiring over whether something is a violation. You may need to explain the situation to the enforcement office to make sure you are legally allowed to get the repair made on your own.

WARNING:

You canNOT get a repair made at the landlord’s expense if:

• You purposely caused the damage.

• The condition was caused because you neglected it.

• Someone else who was on your property with your consent caused the damage or was responsible for the neglect and you did not stop him/her. 

If your repair constitutes a health or safety violation, pursue the following instructions:

1.  If the cost of repair is less than $100 or an amount equal to 1/2 of your monthly rent, whichever amount is greater, you can get the repair made on your own. (If the amount is greater than this you may still be able to get the repair made. Call Tenant Services and ask for their advice.)

2.  First, CALL your landlord and tell him/her that you are going to get the repair made at the landlord’s expense.

3.  Give him/her a fair chance to respond to your calls.

4.  If your landlord does not respond to your phone calls (or does not fulfill promises to make the repair) send a LETTER explaining the situation with the DATE and your SIGNATURE. Use respectful language and keep a copy for yourself. (In an emergency situation, get the problem fixed first, but still send a letter ASAP.)

5.  You must then give the landlord 14 days after s/he receives the letter to respond. (In an emergency situation, you do not have to wait 14 days. Get the repair made ASAP.)

6.  If the landlord still does not respond to your letter after 14 days, you may get the repair made. Make sure that your landlord knows you are doing this. If s/he did not receive your letter, then he or she is not legally notified (see Giving Notice).

7.  Keep receipts, log hours spent, and affix a cost to them. Photographs taken before and after your repair work can serve as excellent documentation.

8.  You must then submit an itemized statement of all the work done and the amount of cost. Deduct the full cost of repair from your next month's rent. Send the statement in with your reduced rent. Be sure to DATE the statement and keep a copy.

The most common problem when taking this form of action is that if the landlord challenges your action in court, you must prove that you gave the landlord 14 days written notice. So, KEEP COPIES!

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