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Contacting Your Landlord
Create a list of the problems that make your unit uninhabitable. Catalog the issues in your apartment that make it unsafe or dangerous for you to live in. Each state's housing authority has a list of conditions that formally qualify a unit as unlivable. Locate the website of your state's housing authority and its particular regulations on https://www.hud.gov. Typical conditions that might qualify a unit as unlivable are exposed wires, shaky stairs, a rodent infestation, or doors that don't lock properly.
Call your landlord or property manager to discuss the issues. Let them know how long the issues have been going on and how it is impacting your quality of life in the unit. Politely ask that they repair the problems. You might say, “Hi, I'm Robert Smith, your tenant at 123 B Street. I'm calling to let you know about some exposed electrical wiring that is hot to the touch under the basement stairs. I'm concerned it is a safety hazard. How soon can we have it fixed?”
Write a letter or email to your landlord detailing the poor conditions. Escalate your concerns in writing if you landlord doesn't take action after your conversation about the problem. Describe the problem in detail, when you reached out for it to be remedied, how long it has been going on without resolution, and how it is impacting your quality of life in the unit. If applicable, describe any steps you have taken to limit the problem's effect on you, as well as what steps you would like your landlord to take.
Allow 30 days for the landlord to take action. Wait 30 days, the legally appropriate amount of time, to give your landlord the opportunity to make repairs. Even if you don't believe they will take action, it's necessary that you give them a fair opportunity to fix the problem. Your landlord failing to make improvements in this ample time strengthens your potential case against them.
Use a deduct-and-repair remedy for uninhabitable conditions. Consult your jurisdiction's Department of Consumer Affairs website for a list of conditions that make a unit legally “uninhabitable.” If you have reported these to your landlord and your landlord has not fixed them within 30 days, the landlord has violated the implied warranty of habitability. Deduct relevant expenses you incur to make the unit habitable from future monthly rent payments. Note that that amount deducted cannot be higher than one month's rent. Keep all receipts for expenses you have incurred as a result of repairs to fix uninhabitable conditions.
Understanding Your Rights and Collecting Evidence
Read the renter's rights handbook for your jurisdiction online. Navigate to the website of your local branch of the U.S. Department of Housing and Urban Development (HUD), or similar website for your country. Search the online directory for a handbook of renter's rights for your jurisdiction. Read the handbook to determine if any of your guaranteed rights as a tenant have been infringed upon. This can be anything from your landlord providing uninhabitable conditions to discriminating against tenants.
Consult your lease to determine if the landlord has violated it. Read your lease carefully, especially the fine print. Double-check this contract to make sure you haven't missed any important obligations you have agreed to. While unusual, some leases require the tenant to make any necessary repairs rather than the landlord.
Make notes regarding any rights or conditions that have been violated. Create a list of any conditions of your tenancy that have been violated or rights that have been infringed upon while living in your unit. A bulleted list can help you organize your thoughts so you can collect evidence to support your claims.
Collect evidence to support your landlord's violations. Document any uninhabitable conditions by taking photos and gathering any correspondence with your landlord about the conditions. Getting a home inspection of the unit can also catalog any dangerous issues from a professional perspective. If you allege other rights have been infringed upon, such as a lack of accommodation for a physical handicap, for example, consult relevant resources, such as the ADA division of the Department of Civil Rights.
Contacting Housing Authorities
Consult HUD's website to find reporting avenues in your state. Navigate to https://www.hud.gov/topics/rental_assistance/tenantrights to locate your state's resources for tenants of bad landlords. Some states have agencies that handle complaints, whereas others rely on nonprofit legal firms and the federal complaint hotline.
Call your local housing agency to lodge a complaint. Reach out to the local housing authority or reporting avenue for your jurisdiction detailed on the HUD website. Provide the representative with your address, the uninhabitable conditions your landlord has not remedied, and how long the problem has been going on. Have any documents that corroborate the problems at your address, such as an inspection or communications with your landlord, on hand in case the representative has specific questions.
Find out if your landlord receives federal funds. Look on your rental agreement for a HUD or U.S. Department of Housing and Urban Development logo. If you see one, your rental is eligible for reporting with HUD's bad-landlord complaint department If your landlord has a mortgage with a federally backed entity, such as Freddie Mac or Fannie Mae, that qualifies you to lodge a federal complaint. The building does not need to be a federal building.
Call HUD's complaint hotline to report your landlord if applicable. Reach HUD's bad-landlord complaint department by calling 1-800-685-8470. Detail your address, the substandard conditions you've documented as a tenant, your landlord's lack of response, and the length of time the problem has been going on. The representative will ask you questions about your experience and may request copies of your materials documenting the problem.
Contact a local real estate lawyer as a last resort. Locate a real estate attorney through your state's bar association. Set up a meeting to review your case. Bring a copy of your lease and any evidence that supports a violation of your rights. Low-income renters may qualify for free legal aid from a nonprofit organization, such as the congressionally-founded Legal Services Corporation. Enter your address on the LSC website to find subsidized legal resources for renters near you.
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