Ensuring that an apartment remains habitable and well-maintained is a fundamental responsibility of landlords. However, the frequency and scope of required repairs depend on lease agreements, state laws, and local housing codes. Here’s what tenants should know about landlord repair obligations, with examples of location-specific regulations.
1. Essential Repairs Required by Law
Landlords are legally required to maintain a safe and habitable living environment. This includes repairing or replacing critical components of the apartment, such as:
- Plumbing – Fixing leaks, broken pipes, or malfunctioning toilets.
- Heating & Cooling Systems – Ensuring proper functioning of HVAC systems.
- Electrical Wiring – Addressing faulty outlets, exposed wiring, or power failures.
- Structural Integrity – Fixing roof leaks, damaged walls, or unstable floors.
- Pest Control – Addressing infestations that result from building conditions.
Examples of Local Laws:
- New York City: The Housing Maintenance Code requires landlords to provide heat from October 1 to May 31 when outdoor temperatures drop below a certain threshold.
- Los Angeles: The city mandates that landlords repair plumbing and heating issues within 24 hours if they make the unit uninhabitable.
- Chicago: The Residential Landlord Tenant Ordinance (RLTO) requires landlords to maintain pest-free apartments and respond promptly to safety-related repairs.
2. How Often Should Repairs Be Made?
The timeframe for completing repairs depends on the urgency of the issue.
- Emergency Repairs (24-48 hours) – Issues affecting health and safety, such as gas leaks, broken heating in winter, or flooding.
- Urgent Repairs (3-7 days) – Non-life-threatening but necessary repairs, such as plumbing issues or appliance malfunctions.
- Routine Maintenance (1-4 weeks) – General wear and tear, like painting walls, fixing minor leaks, or replacing damaged tiles.
Example Cases:
- In Houston, Texas, landlords must address sewage backups or major leaks within 24 hours.
- In Seattle, Washington, landlords have 10 days to fix broken appliances listed in the lease agreement.
3. Tenant vs. Landlord Responsibilities
While landlords are responsible for structural and essential repairs, tenants must handle minor maintenance and damages caused by misuse.
- Landlord’s Responsibility:
- Fixing a broken refrigerator if it was provided with the apartment.
- Repairing leaky pipes or malfunctioning water heaters.
- Addressing mold caused by ventilation or plumbing issues.
- Tenant’s Responsibility:
- Replacing light bulbs and air filters.
- Repairing damage caused by neglect, such as carpet stains.
- Keeping the apartment clean to prevent pest infestations.
Example Lease Clauses:
- In Phoenix, Arizona, many leases require tenants to handle minor plumbing fixes, such as unclogging a drain.
- In Boston, Massachusetts, tenants are responsible for clearing snow from private balconies or patios.
4. What to Do If the Landlord Doesn’t Make Repairs?
If a landlord fails to address necessary repairs, tenants have legal options depending on state laws:
- Report to Local Housing Authorities – In cities like San Francisco, tenants can file a complaint with the Department of Building Inspection.
- Repair and Deduct – In states like California and Illinois, tenants can fix urgent issues and deduct the cost from rent.
- Withhold Rent – Allowed in cities like Washington, D.C., when the apartment becomes uninhabitable.
Conclusion
Landlords must maintain essential apartment features and respond to repairs within a reasonable timeframe. However, specific responsibilities vary based on lease agreements and local laws. Tenants should document repair requests, know their rights, and take legal action if necessary to ensure their apartment remains in good condition.