Procedures for Acquiring Apartment Repairs

One thing many renters fear is dealing with problems in their apartments. Many renters feel that a specific upside to renting over owning is that they do not have to deal with major repairs to the apartment. Of course, the renter is responsible for keeping the apartment in good overall condition, but let's be honest, things happen. Gas stoves leak, sinks spring leaks, toilets break, etc, and these repairs need to be dealt with in a timely manner by the landlord. Unfortunately, many landlords do not want to take full responsibility for the repairs, especially for the cost of the repairs. Many times landlords offer to pay for a portion of the cost, instead of stepping up to the entire cost. In some cases, this may be a fair option for the tenant. However, before giving the okay to anything, knowing your rights and obligations, the landlords rights and obligations, and the proper procedure for dealing with repairs is extremely important.

First and foremost, the landlord has the obligation to keep the residence in good standing, thus providing the renter with a place reasonably safe and clean to live in. Washington state's Landlord-Tenant Act provides under RCW 59.18.060 that landlords must "make repairs to keep the unit in the same condition as when the tenant moved in - except for normal wear and tear." As well as "keep electrical, plumbing and heating systems in good repair, and maintain any appliances which are provided in the rental." This landlord obligation is offset only by the obligation of the renter to operate apartment properties properly, a slippery slope when dealing with a landlord refusing to pay, but it is important nontheless. If the renter is found negligent in dealing with a sink, the landlord may not be liable to pay for it to be fixed. For example, if you do not have a garbage disposal, but dump things down the sink and a clog happens, the landlord may be correct in blaming you for causing the problem, and thus the cost of the repair will come out of your pocket. Thus, being a good tenant and using apartment appliances properly is a huge part in making sure the landlord will take responsibility for any and all repairs during the term of the rental.

From here, we can go on to discuss the proper procedure for reporting, and having a repair completed in an apartment. While some of this may seem like common sense, and while some may have very amiable and easy to work with landlords, others may find following these exact measures essential in order to get work completed and not have the cost come out of pocket. First, a renter needs to be in good payment standing with the landlord. This means rent must be paid up in full. So, do not start withholding rent for repairs that are incomplete without first completing these steps. If you begin withholding rent before all necessary steps have been taken, it then becomes an issue the renter has to deal with and the landlord has reason to deny payment for repairs.

Once you are sure you are completely paid up in rent, it then becomes necessary to give written notice of the problem. If the problem is serious, you may need to call and emergency number given to you by the landlord, but even if this is done, be sure to also submit a formal written notice to the landlord of the issue. Include imperative information like the date the problem occurred, and detail what and where the issue is. In cases when a realtor is involved, written notice can be delivered to them if they are the one collecting the rent. The key is getting a written (and traceable) notice to the individual collecting the rent as soon as possible.

Notice Specifics

As noted, written notice is important because it is really the only traceable and provable method of providing information to the rent collector or landlord. If the landlord refuses to pay or denies that a claim was ever made, you'll then be able to pull out your file proving that notice was given. E-mails are great for this, as are faxes, as both provide you with easily accessible proof that the individual was sent a notice.

In addition to being able to prove that notice was given, it is important to give proper notice. A notice should include your name in full, the address and apartment number, and a full and detailed description of the problem at hand. For example, instead of simply writing leaking sink, detail where the sink is located, is the faucet leaky or is it the pipe? Be as specific about the problem as possible.

Wait Times

Washington's Landlord-Tenant laws require that a tenant wait a specified amount of time before taking further action against the landlord or in making repairs. This gives the landlord time to respond, but also (hopefully) doesn't put the renter out so much as to make it necessary to move. According to RCW 59.18.070, the tenant must wait "24 hours for no hot or cold water, heat or electricity, or for a condition which is imminently hazardous to life; 72 hours for repair of refrigerator, range, and oven, or a major plumbing fixture supplied by landlord; 10 days for all other repairs."

Next Course of Action

Unfortunately, many renters have bad experiences with repairs, and repairs to plumbing or ovens may take longer than the allotted amount of time. In such cases, it may then become the renter's responsibility to repair the damage in order to provide themselves with a decent place to live. This can be extremely frustrating. Before taking action, make sure correspondence between landlord and tenant are clear. Have they responded to your notice for a repair? Have they given you an allotted time in which this can happen? Have you provided access to your apartment so that the repair can take place? Remember that it is the renter's responsibility to provide access to the apartment. If you are unavailable to be there, and refuse to allow access without your presence, you cannot take further action until you are able to provide a reasonable allotted time for the landlord and/or repair team to enter the apartment. In such cases, it is of utmost importance you provide an open schedule for repairs to take place so the landlord cannot claim you are at fault for delays in repairs.

If, in fact, you have done everything necessary for repairs to take place, further steps may become necessary. In such cases, several options are available for the tenant. The first of these, as noted under RCW 59.18.090, is that the tenant has a right to pack up and move out immediately, with rent pro-rated for the time the residence is not occupied. Deposit would also be refunded, but it may not be in full. Deposit must be given back based on what would normally be given to the tenant upon relocation. As usual, the tenant will be given a list of reasons why anything is taken out of the deposit. Should any reason contained therein be due to moving before the end of lease, the tenant can take action to obtain the money as it is illegal by Washington state law.

If moving isn't an option, or simply isn't desired, the tenant can then turn to litigation or arbitration in order to deal with the dispute between landlord and tenant. For the tenant, this may be costly, unless provided by the landlord. Legal aid may be able to offer help in such situations, as well. The tenant can also try to contact the landlord directly and discuss the matter, but if that method does not, or has not worked, it may become essential to obtain outside help to resolve the matter. If the issue cannot be resolved, and moving still isn't an option, step three may become the only option.

The third option is to hire an individual to do the repairs outside of the landlord, and then deduct the cost of the repairs from the rent. This particular course of action is backed by RCW 59.18.100, and is thus legal. While it may not be the course of action one wants to take, due to possible backlash from the landlord, it is backed by law and a legitimate course of action. Any landlord backlash is illegal and can and should be reported. For this particular action there are also specific stipulations. The tenant must give the landlord enough time after the notice is given. For example, if the waiting period is 72 hours and then the landlord asks for an estimate, the tenant must give further time to get the estimate. If the allotted time to wait is 24 hours, the estimate needs to be given to the landlord (or the landlord need to somehow obtain the estimate) within 12-24 hours and repairs should then start. The wait time after an estimate really depends on the nature of the issue, and the initial wait for required for the problem.

If the landlord does not obtain an estimate on their own, the tenant is required to get one from a reputable company or individual. The estimate should then be given to the tenant and landlord in writing as proof of date of estimate, as well as proof that it was delivered to the landlord. After the allotted wait period, the tenant can contract the work to be completed. Again, it must be clear that the landlord is refusing to act on the estimate given in order to get the work completed. If this is the case, work can begin and the tenant will pay out-of-pocket for the repairs to be completed. Upon completion of the repair the tenant needs to provide notice to the landlord of the work, the final cost (which cannot be more than one month's rent), and make the apartment available for inspection by the landlord. RCW 59.18.100 also notes that this method can only be used for repairs that do not cost more than two months rent over the course of a 12 month period, with each repair not more than one month's rent, as previously noted.

A fourth option is present, but is a bit slippery. If the tenant knows an individual who can provide repairs, or can repair it themselves, it is supported by law, but the cost limitations are half a month's rent, instead of a full month's rent. The rest of the steps and restrictions apply. This option leaves the landlord open to contest the repairs and cost, so if this is the method used, be sure to keep all receipts, and be prepare to be reimbursed for time at a less than desirable rate. In cases where the repair is not being tended to as it should be by the landlord, it may be best to contract the work to a professional in order to obtain the appropriate records.

Lastly, a tenant can turn to "Rent in Escrow." This program allows the tenant to withhold rent from the landlord and instead pay to an escrow account, however, this method is a lot more difficult and contains a great deal of legalities all on its own. Even Washington's Lanlord-Tenant law recommends consulting legal assistance for this course of action. For this, it is also important that any and all previously mentioned measures were taken.

Overall, there are a lot of options for renters in need of repairs to their apartments. Most of all, it is important that tenants take the time to properly communicate with their landlords in order to prevent paying out of pocket unnecessarily for needed repairs. For more information in Washington state check out the Washington Residential Landlord-Tenant Act online.

While this article is based off Washington state law, many states have similar laws. These may be used as guidelines, but it is also advised you look up relevant landlord-tenant laws for your state.

References:

Department of Planning and Development. (N.d). The Washington Residential Landlord-Tenant Act.

For information on Washington state Landlord-Tenant laws (RCW 59.18) you can also call (206) 464-811. www.seattle.gov/dpd/publications