Who Do You Call When the Landlord Won't Fix Things?

Who Do You Call When the Landlord Won’t Fix Things?

Ten-year resident says landlord won’t fix things like leaks, mold and pest infestations.

Q: My son and his wife live in an apartment complex in Orlando. He’s been a resident there for over ten years and has always been a good tenant. The ownership has changed several times. The new management is refusing to make necessary repairs to the aging buildings. They have reported a leak from the ceiling into the master bedroom several times during the last two years. The leak has grown and is now showing signs of mold growth. Sometimes, a maintenance technician will respond, but the situation is not addressed or resolved.

From speaking with neighbors he has learned that this is not an isolated incident. Apparently, some residents are experiencing other problems including rats and bug infestations. The management is not attempting to fix any of these problems.

Landlord Rights When a Tenant Breaks the Lease

My son and his wife do not have the money to move, but they would like to know what options they have. Thank you.

A: It sounds as though the apartment building is becoming infested with mold, bugs, rats and who knows what else. That’s a prescription for being uninhabitable.

I understand that your son and his wife think that they don’t have the money to find a new apartment and move. But if their health is in danger, they won’t be able to stay and shouldn’t continue to live there.

Landlord Nation: Who Owns Rental Property in America?

Landlords must adhere to the basic requirements of offering habitable housing. Each city and state has minimum requirements all landlords must meet. In Illinois, for example, the landlord “must keep the rental unit fit to live in, must make all necessary repairs, and must keep the rental unit in compliance with state and local health and housing codes.” The landlord may also determine how much rent and security deposit to require, may charge a reasonable fee if you pay your rent late, and may make reasonable rules and regulations, such as whether pets are allowed and how much they can weigh.

Beyond state landlord/tenant laws, cities may add their own specific landlord/tenant laws. For example, the Illinois State landlord/tenant laws, Chicago’s Residential Landlord Tenant Ordinance provides that landlords give tenants 30 days of notice to terminate a month-to-month tenancy, decline to renew your lease or raise your rent if you have lived in your apartment for less than six months. If you’ve lived in your apartment for more than six months but less than three years, they must give you 60 days notice. And, they must give you 120 days of notice if you’ve lived in your apartment for more than three years.

Every Landlord’s Legal Guide

However, if you live in an owner-occupied building with six or fewer units, a hotel or rooming house where you pay monthly, employee housing or rent a room in an owner-occupied co-op or condo, the landlord is exempt from these requirements.

So, in your son’s situation, you’ll need to figure out what his rights are under the lease he signed for the apartment. He should also determine what his rights are under Florida state law and under the Orange County government’s Office of Tenant Services.

Your son may be able to reach out to the local building inspector to see if the municipality has any active housing complaints against the landlord. If not, he may want to file a report for the issues he and his family are facing in the apartment. Still, many local code enforcement offices are overwhelmed by complaints and they can’t or don’t follow up on each case. But it’s likely worth the time and effort to file a complaint and be the squeaky wheel.

Becoming A Landlord

It’s possible that if your son files the complaint, the landlord will make repairs to the building. That may improve the situation for your son and his family. But if the landlord doesn’t fix the issues, your son and his family may need to prepare to move to healthier quarters.

We understand how expensive moving can be and how much time it can take. But if friends and relatives pitch in, that can help defray costs. Your son and his family may also be able to apply for local assistance.

Obviously, we don’t know all of the particulars of your son’s situation and why you think he can’t move. Some areas are acutely short of housing, and particularly affordable housing. If that’s the case, there may not be anywhere for your son to move that he can afford.