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Responding If Your Landlord Fails to Make Repairs
Living in a rental property comes with the expectation that your landlord will ensure the home is safe and habitable. When they fail to make necessary repairs, you have rights and options. By documenting the concern, communicating effectively, and understanding your legal options, you can take steps to resolve the problem and protect your well-being.
Know Your Rights as a Tenant in Covington
First, familiarize yourself with the laws governing landlord-tenant relationships in Covington. These laws require landlords to maintain rental properties in a habitable condition. That means they must ensure your home is safe, has running water, heating, and plumbing, and is free from hazardous conditions like mold or pest infestations. If a repair is necessary to keep the property habitable, it is typically your landlord’s responsibility to fix it.
Document the Issue
Before doing anything else, document the problem. Take photographs or videos showing the repair issue—a leaking pipe, broken heater, or damaged roof. If possible, include timestamps on your evidence to show how long the problem has persisted.
Write down how the issue has affected your daily life. For instance, has the broken heating left you freezing during the winter? Have you had to miss work to deal with a plumbing emergency? These details will be important if you need to take legal action.
Notify Your Landlord in Writing
Even if you’ve verbally mentioned the problem to your landlord, following up in writing is essential. A written notice creates a paper trail that can be used as evidence later. An effective repair request should contain certain elements.
Be Specific
Clearly describe the problem and its impact. For example, instead of “The sink isn’t working,” write, “The kitchen sink has been clogged for a week, and water is backing up, making it impossible to use.”
Provide a Deadline
Politely, but firmly request that the repair be completed by a specific date. For example, “Please address this issue by [date], as it is affecting the apartment’s habitability.”
Send It Properly
Email is an excellent option because it provides a timestamp, but you can also send a certified letter to ensure delivery. Keep copies of all correspondence.
Follow Up if Necessary
If your landlord doesn’t respond or fails to address the issue in a reasonable timeframe, follow up. Resend your original message and mention your prior attempts to resolve the problem. For example, you might write, “This is a follow-up to my email dated [date] regarding the broken heater. I have not received a response, and the issue remains unresolved. Please confirm when this repair will be addressed.”
Kentucky law requires landlords to make repairs within a “reasonable” time after being notified. While “reasonable” isn’t always clearly defined, most issues impacting safety or basic living conditions should be addressed within a few days to a week.
Know Your Options if the Landlord Still Doesn’t Act
You have several options if your landlord fails to make the necessary repairs despite your requests. Following the law carefully is important to avoid jeopardizing your legal standing.
Option 1: Withhold Rent
In Kentucky, tenants may be allowed to withhold rent until repairs are made, but this option is not without risk. To do this legally, you must notify your landlord in writing that you intend to withhold rent if the repair isn’t made. Setting the withheld rent aside in a separate account shows that you are holding the money until the issue is resolved. Consult an attorney before withholding rent to ensure you’re following the law.
Option 2: Make the Repairs Yourself and Deduct the Cost
In some cases, Kentucky law allows tenants to make necessary repairs themselves and deduct the cost from their rent. You must notify your landlord in writing before taking this step and provide a reasonable timeframe for the landlord to make the repair. If you repair the issue, ensure that the cost is reasonable and keep all receipts. This option is best for minor repairs that don’t require a licensed contractor.
Option 3: Break Your Lease
You may be able to terminate your lease if your home becomes uninhabitable and your landlord refuses to make the necessary repairs. Before taking this step, consult an attorney or a tenant advocacy organization to ensure you’re within your rights.
Option 4: File a Complaint or Take Legal Action
If all options fail, you can file a complaint with local authorities. Covington’s code enforcement office may be able to inspect the property and issue a violation notice to your landlord. You also have the option to sue for damages, such as the cost of temporary housing, repairs, or even emotional distress caused by the situation.
Stay Calm and Persistent
Dealing with an unresponsive landlord can be stressful, but remaining calm and persistent is important. Keep detailed records of all your communications, expenses, and any impacts the issue has had on your life. These records will strengthen your case if you need to escalate the matter.
Need Help Dealing with a Negligent Landlord? The Law Offices of Shannon C. Smith, PLLC Can Help!
Are you tired of waiting for your landlord to make repairs? Don’t let unresolved issues like broken plumbing, heating problems, or hazardous conditions disrupt your life. At the Law Offices of Shannon C. Smith, PLLC, we work to resolve landlord-tenant disputes. Our experienced team will fight to ensure your home is safe, habitable, and up to legal standards. Don’t wait for things to get worse. Take control of the situation today. Call us at 859-414-0543 for a free case evaluation.
