What To Do For Repairs

It is a good idea to make repair requests in writing and keep a copy for your records. These may be in the form of memos or more formal letters and should always be dated.

Remedies for failure to repair
The landlord has a reasonable time to correct any problems. A reasonable time may differ depending on the problem. If you wait a reasonable amount of time and the landlord either refuses or neglects to make the repair, you have a legal right to get the repair done and deduct the cost from your rent. This procedure may be used twice in any 12-month period. The cost must not exceed one month's rent.

Sample Request for repairs first letter
Sample Request for repairs 2nd letter

Get help from local authorities
If your own efforts to get repairs are not effective, the next step (before you withhold rent) may be to get help from the Heartland Human Relations & Fair Housing Association at (619) 444-5700 or toll free 1-800-954-0441.

 Withhold the rent
If a landlord does not maintain the rental in a habitable condition as defined by the Housing Code, the tenant has the right to withhold rent payments. Violation of the landlord's obligations must be material. What is considered as material is not well defined. The seriousness and the duration of the violation (non-repair) are relevant factors. A leaking roof during a rainy season would be considered material, but a few ants after the rain would not.