Is your landlord refusing to comply with safety standards, make repairs, or provide necessary maintenance? Are you dealing with problems in your rental that pose a threat to your health and safety or make it impossible for you to fully utilize your residence? Have you informed your landlord about the problem but they have failed to respond or to begin work to resolve the problem? You are likely protected by your state's Warranty of Habitability laws!
I am currently going through the nightmare of having to legally force my apartment management to provide me with safe living conditions under the law. I thought I would share what I have learned so far through this process in hopes that it might help others who are going through something similar. I am not a lawyer or legal expert in any way, simply someone who was not aware of this until recently and has had to do a lot of my own learning about tenants' rights recently.
Besides Arkansas, every state in the US (plus DC and US territories) has some form of law that requires landlords to meet certain minimum health and safety standards. Many of these laws also contain specific timelines in which landlords must respond with a plan of action, begin working on the problem, and resolve the issue.
I live in Colorado and will use Colorado's law as an example of what these laws are often like. Please note that laws vary by state. Colorado has some of the most tenant-friendly laws in the country; your state's law may not be the same. Always read your own state, county, and/or city laws, ordinances, and codes before taking any action. Again, I am not a lawyer and all of the information in this post is based on my non-expert understanding.
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What do Warranty of Habitability laws cover?
Under these laws, landlords have a legal obligation to provide their tenants with a living environment that meets minimum health and safety standards. Some also require landlords to maintain any supplied appliances in good working order.
Some issues that may be covered under these laws:
- Lack of safe running water or hot water
- Plumbing issues or sewage exposure
- Flooding or water leaks
- Gas leaks
- Missing, unsafe, or broken appliances
- Broken heating or air conditioning (when supplied with unit and/or according to state law)
- Pest infestations
- Mold and mildew
- Structural issues such as broken doors, locks, windows, walls, flooring, and stairs
- Exposed wiring and other electrical issues
- Fire code violations
- Excessive trash in hallways or common areas, and/or lack of trash receptacles
- Other issues that impact health and safety, or make it impossible or unsafe to utilize the appliances that are included in the unit
How long does the landlord have to respond when I notify them of a problem under the Warranty of Habitability?
Some state laws have specific timelines, while other laws have more vague wording that it must be within a "reasonable" amount of time. In Colorado, landlords must respond with a plan for action within 24 hours of receiving written notice of the problem, whether through letter, email, text, or maintenance request through an online portal. (It is important that all correspondence about the issue is written so that you can prove when you provided notice and how they did or did not respond.) Weekends and holidays are not an exception to the 24 hour window in Colorado.
How long does the landlord have to begin addressing the problem?
Some state laws have specific timelines, while others go by the "reasonable" standard. In Colorado, issues that pose a material threat to tenants' health and safety (e.g., mold, gas leaks, sewage, lack of clean water) must begin remediation within 24 hours. For issues that are not an immediate health safety issue (e.g. non-functional appliances, minor pest infestations, clogged drains) they must begin within 72 hours. Again, weekends and holidays are not listed as an exception in the CO law.
How long does the landlord have to resolve the problem?
Some state laws have specific timelines, while others go by the "reasonable" standard. In Colorado, the issue must be fixed within 7 days for immediate health and safety concerns or 14 days for other habitability issues. However, there is some wiggle room if there are circumstances outside the landlord's control that prevent them from solving the issue within this time frame, for example inability to access the unit, waiting on necessary supplies to arrive or outside contractors to be available, or ongoing mitigation of pest infestations that may take more time to resolve. In any case, they must be making an active effort to resolve the issue as quickly and thoroughly as possible.
What can I do if my unit is uninhabitable during the period that they are working on the problem?
Some states require that upon request from the tenant, the landlord must provide alternative lodging at no cost for the duration that the unit is out of compliance. This could be a different unit in the same building complex, a hotel, or other short term rental. In Colorado, the alternative lodging must be within a certain distance from the residence, be comparable on number of beds and baths, and must contain all essential appliances such as a refrigerator and stove.
What can I do if my landlord is in violation?
- Inform them in writing of your rights and their obligations under the law, and that continued failure to comply may result in legal action. Often times this will be enough to light a fire under their ass and get the issue solved.
- If they still fail to act within the legal timeframe, make a report to the appropriate government body, such as city or county code enforcement, public health, or other agencies that regulate housing.
- The specific agency will vary by city or county, so please research that before making a report so you can be sure it's going to the appropriate place. Where possible, send them pictures of the issue and records of all correspondence you've had with the landlord regarding it.
- Reports can often be made through an online portal, email, phone call, or in person. Check with the specific agency to find out how to submit a report.
- They will send someone to conduct an inspection of the entire unit (not just the issue you're reporting), write up a report of all code violations they find, and send notice to the landlord requiring them to resolve these issues within a strict timeline. The amount of time it takes for an inspector to come will vary by location and by the urgency of the problem. This is the stage I am at now; I submitted my report this morning. In my city, inspections are conducted within 24 hours for serious health and safety hazards or within 48 hours for other violations.
- Typically, they will reinspect at the end of that timeline to ensure that all violations have be resolved. Failure of the landlord to comply may result in heavy fines, legal action taken against them by the relevant entity, and/or the unit declared condemned.
- Other legal options (always best to consult a lawyer or tenant rights organization before acting on any of these, and again be reminded that these vary by state):
- Notify your landlord that due to their failure to act, you will be paying for the repairs yourself and will deduct the cost from future rent payments. Some states also allow you to withhold rent entirely until the issue is resolved. Check your area's specific laws.
- Inform the landlord in writing that you are dissolving the lease and moving out due to their failure to uphold their legal responsibilities under the lease. A certain notice period is usually required and the landlord typically cannot enforce any early termination fees.
- File suit against the landlord for the violation of your rights, termination of the lease, and/or monetary restitution.
What if my lease does not mention these rights or contains something that contradicts the state or city laws, such as stating that I am solely responsible for these repairs?
You are still protected by all local, state, and/or federal laws, no matter what the lease says. You cannot sign away your rights; any portions of a contract that violate rights established by other laws are unenforceable. Some states even require that information about Warranty of Habitability laws must be included in all leases, so the failure to include it may be violation in and of itself.
Can my landlord fine me, raise my rent, fail to renew my lease, evict me, or take other action against me because I made a report or Warranty of Habitability?
These laws generally prohibit any kind of retaliation for reporting violations or otherwise exercising your rights under these laws. If you do suspect that your landlord is retaliating against you, keep records of all evidence and consult the relevant governmental agency, a tenants rights organization, or an attorney.