While many renters don’t do their part of properly paying their rent, many landlords also don’t do their part in ensuring a habitable property. Also called property managers, they should manage their property well by solving a problem as soon as it is reported. This is especially true if there are safety or health concerns that they’re not addressing. It’s basically forcing you out of the place you’re renting.
In a perfect world, your landlord is one of the most helpful people in your life. He owns the property that you’re renting. You pay for rent. He makes sure that the rental property remains in ideal condition. It has to be habitable, at the very least. It’s a mutually-beneficial relationship. At least, it’s supposed to be.
Unfortunately, it’s a form of harassment. It wouldn’t be the first time a property manager allows these issues to happen to force the tenant out. It usually happens when the property is up for sale.
What should you do when your landlord is harassing you? Where can you file a complaint?
These actions can help protect you against harassment.
How to Report a Landlord to the Health Department or Housing Authority
| Steps that can be taken | Notes |
| Take down all important details | When did it happen? How often does it happen? Do you have supporting documents like a text message or CCTV footage? These are proofs that can help you. |
| File a complaint | It formalizes your complaint, and you’re letting the authorities into the issue. This will start the investigation. |
| File a restraining order | It can protect your physical and mental well-being. Make sure that you have the supporting documents. |
| Get help from a court | An injunctive order can make the harassment stop. It’s a court ordering the landlord to stop harassing you. It’s in the best interest of your property manager to stop or face the wrath of the court. |
| Sue | If all else fails, you can sue him for damages |
Usually, they will stop if they already know that you’re taking further actions. They know that they can be fined and maybe even jailed. In New York, they can be fined as much as $10,000 for every offense. They may even be banned from increasing the rent of their victim for a set amount of time. In San Francisco, a property manager guilty of harassment may even be forced to lower the rate of his victim.
Who do I Report My Landlord to?
The health department or housing authorities are the governing bodies you will be calling when you have problems with your landlord.
Before calling the authorities, make sure that the issue has met these conditions:
- It’s a serious problem and your health and/or safety is at risk.
Ask yourself – is this an annoying or serious problem? If it’s the former, then it’s something that you can work out with the landlord. Worst case scenario is you fix it on your own. These issues include a dripping faucet, grime in the grout, carpet damage, and the like.
- You are not the cause of the problem.
Is the problem due to your negligence? Has there been an accident that led to the issue? If yes, then you are liable. It’s not the landlord.
- You’re not behind on rent.
It’s a two-way street. Ensure that you’re up to date on your rent payment so that the landlord can’t say that the issues are because you haven’t been paying.
- You are willing to take the risk.
You have to be sure that calling the authorities is the only remaining course of action. Unfortunately, some states won’t be able to stop a landlord from retaliating. They do this by raising the rent once the lease is up or evicting you.
Speaking of eviction, a judge can also decide that you’re in the wrong and you can be evicted. It can affect your credit negatively.
With this in mind, make sure that you have a backup plan in the form of a new place to rent if things don’t go your way.
- You’ve went through the process of properly notifying your landlord.
You should notify your landlord of the problem and make sure that you record him receiving it. Also, you should give him enough time to fix the problem. The time required is dependent on the state where you are in.
If the things above apply to you, it’s time to file your complaint. Also known as the “Big Sticks,” this is the nightmare of landlords who know that they’re in the wrong.
Your first call should be to the local health department. This is especially true for issues that compromise your health. Another call can also be placed to the housing authority. Local building inspectors can help determine the liability of the landlord.
Make sure that you have the following details handy because these can help the process:
- Your full name
- Address of the property
- Landlord’s name or the name of the property management company
- Issues that the landlord has failed to address
- Timeline of the issue when it started and ow long it has been ongoing. How often you experience the issue?
- Your efforts in contacting the landlord and his response
Why Report
- There’s lead
- You can smell and see mold
- Problem with the plumbing
- There’s no heat or electricity
- There are pests
- There’s waste buildup
- There’s a problem with the structure
- Entering your property illegally
Listed below are issues that you need to report to the landlord. While most will cooperate, you have to report them if they don’t cooperate with solving these concerns:
- There’s lead.
It is a major issue that has led to deaths. It is something that has to be addressed immediately. This is especially true if you have kids at home. If you haven’t done so already, have the property checked for lead if it was built before 1978. When in doubt, you can use lead paint test kits. This way, you’ll have something to show the health inspector.
We even sell bulk kits for contractors or property managers dealing with many properties.
- You can smell and see mold.
It is another health issue. Mold can cause health problems to the respiratory system, especially among kids and the elderly. It’s also bad for those allergic to mold. It can even cause death. This is why immediate mold removal should be done.
In most cases, its presence is also a sign of another problem – leaks. It leads us to the next issue.
- There’s a problem with the plumbing.
As a tenant, it’s your basic right to have a working plumbing system. It can be annoying to hear clanging and leaking because of a damaged plumbing system. It can also lead to mold and other damages.
There should be running water whenever it’s needed. Report to your landlord immediately if there’s none, and file a complaint if he doesn’t fix the issue.
- There’s no heat or electricity.
Imagine having no heat during the winter. What’s the point in having shelter if you can’t stay warm during the winter? It’s harassment if property managers don’t provide heat.
Electricity is also important for modern wants. It’s also important to run equipment and appliances that provide for our basic needs. They have to ensure that the property you’re renting has electricity.
- There are pests.
This can be a problem for your unit. It can also be a problem for the entire property. Whatever the case may be, it’s the responsibility of the property manager to get rid of pests. You shouldn’t be forced to live with rats, cockroaches, bed bugs, etc.
- There’s waste buildup.
You should do your part in properly disposing of your garbage and waste. There’s supposed to be a proper way for you to dispose of it. In a lot of cases, you throw it down the garbage chute.
The problem happens if they don’t do their job of disposing of the accumulated garbage and waste. It will create an unpleasant smell and be a health hazard.
- There’s a problem with the structure.
Even the most minor of roof leaks should be considered an emergency. It is because it can affect the structure of the whole home. Even minor leaks can lead to structural damages because leaks will travel throughout the house. Before you know it, you’re living in a property with questionable structural integrity. If they don’t do something about it, then property managers violate the warranty of habitability.
What is a Warranty of Habitability?
This is an implied warranty. This means that it doesn’t have to be on the lease. As the landlord, it’s his responsibility to ensure the property’s habitability that he’s renting out. It means that landlords are obligated to pay for repairs. If they don’t, the tenant doesn’t have to pay rent and is encouraged to file a report.
Regarding filing a report, tenants don’t have to worry about retaliation. Some rules complement the warranty of habitability that serves as protection for tenants who file a complaint.
How to Get Them to Do the Repairs
In some cases, property managers need a little “encouragement” to do the repairs. Here are some tips to help you out:
- Put the request in writing.
It makes it formal. It lets them know that you’re serious about your request. Have the landlord receive the written request. They’ll know that you now have something that can help you if you file a formal complaint. This means that they have to do something, and they have to do it fast.
- If that doesn’t work, hire mediation services.
It is your last resort before you file a formal complaint. There are mediation companies that specialize in issues involving landlords and tenants. It is a good way to come up with a resolution since a neutral mediator will be present.
Hiring a mediator will let them know that you’re serious. At the same time, you’re willing to work things out.
If these don’t work, it’s time to file a more formal complaint. You can also do so if you’re being harassed.
