Steps Tenants Can Take to Request Repairs from Landlords

As a tenant, you have the right to live in a rental property that is safe, sanitary, and habitable. Under California law, landlords are required to maintain the property in a condition that meets basic health and safety standards. This includes making necessary repairs to ensure the home is in good working order. Unfortunately, not all landlords are responsive when it comes to making repairs, which can leave tenants living with broken appliances, leaky plumbing, or unsafe conditions.

If you are facing issues with your rental property that need attention, it’s important to take the right steps to request repairs and ensure your landlord is held accountable. This blog post outlines the key steps tenants can take to request and document necessary repairs in order to maintain a habitable living environment.

Steps Tenants Can Take to Request Repairs from Landlords

1. Notify the Landlord in Writing:

The first step in requesting a repair is to notify the landlord about the issue. While verbal communication can sometimes be effective, it’s always best to put the request in writing. A written request provides documentation that you have formally alerted the landlord about the problem and gives them a clear opportunity to address it.

• Provide a Detailed Description of the Issue: Be clear and specific about the problem you are experiencing. For example, rather than saying “the plumbing is bad,” describe what exactly is wrong—such as “the sink in the kitchen is leaking water when the faucet is turned on.” The more specific you are, the easier it will be for the landlord to understand the issue and take appropriate action.
• Request a Timeline for Repair: It’s a good idea to request a timeline for when the repair will be completed. While landlords may not always be able to provide an exact date, it is reasonable to ask for an estimate of when the issue will be resolved.
• Choose the Right Delivery Method: Sending the request via email or certified mail is often the best way to notify the landlord in writing. Email allows      you to send the request immediately and creates an electronic record of the communication. Certified mail provides proof that the landlord      received the letter.
• Keep a Copy of Your Request: Whether you send an email or a letter, always      keep a copy of the repair request for your records. This can be crucial if      the repair is not made and you need to take further action.

2. Keep Records of All Communications:

Once you’ve notified your landlord about the repair request, it’s important to keep detailed records of all communications related to the issue. This can help protect you in case the landlord doesn’t respond or takes too long to make the repair.

• Track Dates and Times: Make sure to record the date and time of every communication with your landlord, whether it’s via email, phone call, or      letter. For phone calls, note down a summary of the conversation and any commitments made by the landlord. If the landlord agrees to make a repair,      confirm this in writing so there is a record.
• Document the Condition of the Property: Take photos or videos of the issue as soon as you notice it. This provides visual evidence of the problem and can be especially helpful if the landlord tries to claim that the issue wasn’t reported or didn’t exist. It’s also a good idea to update your documentation regularly if the issue worsens over time.
• Keep Copies of Repair Invoices or Receipts: If you hire a contractor or attempt to make the repairs yourself (if allowed under your lease), be sure to keep any invoices, receipts, or records of expenses. These documents could be important if you need to take legal action or deduct repair costs from your rent.
• Use a Repair Log: Consider creating a log to track all communication and actions taken in relation to the repair request. This could include a list of dates when you sent written notices, phone calls made, and any responses received from the landlord. A detailed log will help you stay organized and ensure that you have a clear record of events if the issue persists.

3. Understand Your Rights if Repairs Are Not Made:

Under California law, tenants have the right to a habitable living space, which includes ensuring that essential repairs are made in a timely manner. If a landlord fails to make necessary repairs after being notified, tenants have several legal options to protect their rights.

• Withholding Rent: In some situations, tenants may be allowed to withhold rent      until repairs are made, particularly if the issue impacts the habitability      of the rental property (e.g., lack of heat, water, or a functioning      toilet). However, withholding rent is a serious step and should only be      done after seeking legal advice or following the proper procedures. If you      withhold rent improperly, it could lead to an eviction lawsuit.
• Repair and Deduct: In certain circumstances, California law allows tenants to pay for repairs themselves and then deduct the cost from their rent. The repair must be necessary for the habitability of the property, and the tenant must give the landlord a reasonable opportunity to make the repair before proceeding with the deduction. There are limits to the amount that can be deducted, and this process requires careful documentation of both      the cost of the repair and the tenant’s attempts to contact the landlord.
• Reporting      to Local Authorities: If the landlord refuses to make the repairs and the issue is related to health and safety violations, tenants can contact      local housing authorities or health departments. In some cases, these agencies can intervene and compel the landlord to make repairs. Tenants      may also be able to file complaints with local consumer protection agencies.
• Legal Action: If all else fails, tenants have the right to take legal action. If a landlord consistently refuses to make repairs or maintain the property in a habitable condition, tenants can file a lawsuit in small claims court or seek advice from an attorney about pursuing a legal remedy. If you believe your landlord is violating your rights, it’s a good idea to consult with an attorney to understand your options and the best course of action.