Are Landlords Required to Provide Hot Water?

HomeLawsUSAAre Landlords Required to Provide Hot Water?

Landlords are generally required to provide hot water to their tenants. Failure to fix the problem in a reasonable time is typically a violation of the lease and often, a violation of local housing regulations.

Requirement to Provide Hot Water

All states except for Arkansas include an “implied warranty of habitability” which provides the minimum conditions required for an apartment. This requirement varies slightly by state, but almost always requires hot and cold water in the apartment that is safe to use.

Additionally, local laws often include detailed rules about how a landlord must maintain an apartment. When a landlord is in violation of housing codes, tenants can report the issue to housing authorities. This typically results in an inspector visiting the apartment and generating a report for required fixes. Depending on the jurisdiction, the report may go to the landlord, the city, or to housing court. Failure to fix the problem may result in fines, court orders to fix the problem, reductions in rent, or other remedies. Often, the threat of reporting violations will push landlords to fix issues quickly. Tenants that suffer harsh conditions, can’t afford a lawyer, and don’t wish to move to a different apartment may consider this option of reporting the landlord. Sometimes, tenants will be required to report a housing code violation before taking a landlord to landlord-tenant court.

Deduct and Repair

About two-thirds of states allow tenants to deduct the costs of repairs from their rent when certain conditions are met. Usually, the state includes detailed rules about the types of repairs the tenant can make, how much they can deduct for the repairs, how long the tenant must wait before making the repair, and the proper notice the tenant must give to the landlord. If a tenant fails to follow the proper procedures for a deduct and repair, they may be legally treated as not paying a portion of their rent and thus, may be evicted. Tenants should consult with a local lawyer before engaging in a deduct and repair, or at least fully read the law and procedure about the requirements.

Rent Withholding

About 80% of states allow tenants to withhold rent until essential repairs are made. These states may offer restrictions about the types of issues that tenants can withhold rent for, the amount they can withhold, details about the timing and content of the notice the tenant sends the landlord, and sometimes requires the rent be placed in an escrow account. If a tenant fails to meet these requirements, the tenant may be successfully evicted. Therefore, tenants should consult with a local lawyer before engaging in rent withholding, or at least fully read the process and requirements.

Break the Lease

If the landlord has broken a promise in the lease, the tenant is free to break their end of the agreement too. The tenant can move out and is entitled to get their deposit back. Alternatively, the tenant can go to court and seek a reduction in rent or a court order requiring the landlord to fix the problem. In every state except Arkansas, leases include an “implied warranty of habitability” which requires apartments to be safe and livable. It exists as a tenant right even if there is no written lease, it’s not mentioned in the lease, or even despite a lease that says the landlord is not responsible. The exact details of what needs to be fixed to keep the apartment safe and livable depends heavily by state, but the key factors are health and safety (not comfort, annoyance, or quality). Most states require apartments to provide hot and cold water.

Unless the tenant caused the problem, the landlord cannot charge tenants for these repairs. Tenants are free to break a lease if the landlord doesn’t fix the problem in a reasonable time (some jurisdictions specify exact time periods by which landlords must fix issues). In breaking the lease and moving out, tenants are entitled to their deposit back, but in practicality, it may prove difficult to get the landlord to hand back the money. The tenant’s next landlord may discover the incident in the tenant’s rental history, so tenants also should be prepared with documentation and the story of why it was necessary to move out.

By |August 27th, 2018|USA|

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