The process of filing a complaint against a negligent landlord may be as simple as writing a letter or as unpleasant as seeking redress against discriminatory housing practices. As a renter, you have the right to a safe and worry-free environment.
Tenants can negotiate a problem with an apartment manager or landlord or file a complaint with the Rental Protection Agency, which has offices in all 50 states and can give you legal counsel. Check the code enforcement laws in your area or with Fair Housing if the landlord has denied access to rent based on discrimination. The Department of Housing and Urban Development can help if this is the case.
Common Problems Leading to Landlord-Tenant Disputes
Report Your Dispute With the Relevant Agency
Report disputes with your landlord about the security deposit, unlawful entry on the part of the landlord, eviction notices, management problems, repair problems, issues with neighbors, code violations, unfair lease terms and other issues to the appropriate local or state agency. This varies from state to state, but in general, check with the county courthouse to locate the office in charge of code enforcement. In some states, complaints go to the state attorney general’s office, department of consumer affairs or another agency with your local government.
Put Your Complaint in Writing
Put it in writing. List the problems that need to be fixed and send the letter by certified mail to ensure you have proof your landlord received the notice. The repairs should be completed within 14 days. You may wish to notify your landlord that if the repairs have not been completed within that time frame, you will break the lease and move at the end of 30 days.
Another option is to pay for the repairs yourself and then deduct the amount from your rent check. Make sure you keep the receipt for the repairs and send a copy with your rent check.
Report Violations to the City Authority
Dial 3-1-1 to report landlord violations to the city authority for code enforcement. A complaint filed with about a maintenance problem provides a record that the landlord has not done what he or she is required by law to do, which is to provide you with a safe and habitable housing. Use this record if your landlord takes you to court or you decide to file a claim with small claims court. Have a pen or pencil and paper ready to take down the complaint or tracking number to check the status of the claim and determine whether an investigator has been to your apartment.
Contact the Dept of Housing and Urban Development
Contact the Department of Housing and Urban Development in your area if you feel you have been the target of discrimination. According to the U.S. Department of Housing and Urban Development website, the landlord may not deny you the right to rent based on your race, color, national origin, religion, sex, family status (including children under the age of 18 living with parents or legal guardians, pregnant women, and people seeking custody of children under the age of 18), as well as handicapped or disabled persons.
Know the Terms of the Lease
Know the terms of the lease. The landlord has a right to evict a tenant after the term of the lease or the tenant is behind in rent or has breached a clause of the lease, such has having pets when the lease stipulated no pets allowed. The landlord must personally deliver the eviction notice, stating the reason the landlord wishes the tenant to leave and the date of the eviction.
Generally, the landlord is required to give 30 days' notice if the lease is month-to-month, 90 days if it is a year-long lease, but only 15 days if the rent is overdue. There may be legitimate reasons for being evicted that give you no legal recourse.
Read More: How to Write a Response Letter to an Eviction Notice
- Rental Protection Agency: Apartment/Landlord Complaint Help; 2010
- MFY Legal Services: How to Make a 311 Complaint; 2008
- Tenant-Landlord Handbook
- California Department of Justice: Landlord - Tenant Disputes
- HUD: Tenant Rights, Laws and Protections
- Legal Beagle: How to Write a Response Letter to an Eviction Notice
- Legal Beagle: California Tenant Rights: Overview of Laws & Protections
- Legal Beagle: California Security Deposit Laws: Landlord and Tenant Rights
- Legal Beagle: Landlord Right of Entry: California Tenant Privacy Rights
This article was written by Legal Beagle staff. If you have any questions, please reach out to us on our contact us page.