What if the landlord has not made repairs to the property like I asked?

What if the landlord has not made repairs to the property like I asked?

In this case, you could have what the law calls a "counterclaim" if your dwelling unit is not fit and habitable and it's the landlord's fault. 

Repair issues come up a lot in residential landlord-tenant eviction cases.  The landlord has the duty, under state law, to keep the rental premises "fit and habitable."  There is no precise definition of what "fit and habitable" means, but at a minimum it includes making sure that the essential services for the house to work. 

"Essential services" are defined by law as being running water, hot water, heat, sanitary plumbing and sewer systems, working electrical systems, and gas (where used for heat, hot water or cooking). 

The landlord also must supply and maintain any appliances that are necessary for running water, heat, hot water, electricity, and sanitary plumbing and sewer systems. 

The landlord also must maintain any appliances that the landlord provides (e.g. stove, microwave, refrigerator, air conditioning, etc), unless the rental agreement excludes these appliances.  Appliances needed for essential services may not be excluded by the rental agreement. 

The landlord also must comply with local building codes. 

But what happens if the landlord does not fulfill its duty to maintain the property?  In that case state law gives you, the tenant, a claim against the landlord for money damages as long as you have given the landlord proper notice of the repair issues.  These damages can be used to offset any unpaid rent that the landlord is claiming that you did not pay.  

Check out this other Learn the Law Classroom that reviews your legal options to get your landlord to make repairs. https://www.learnthelaw.org/group/502/classroom/2249

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