Landlord Failure To Make Repiars
Tenant Rights Lawyer Franklin TN
By far the most common issue we receive calls from tenants is a landlord failing to make repairs. The reasons landlords fail to make repairs widely varies. Sometimes the landlord wants to drag it out until the end of the tenancy to try to take it out of the tenant's security deposit or the landlord is simply cheap. After all, landlord's really aim to minimize expenses (repairs) and rely on a steady source of income (your rent check).
If your landlord has refused and neglected to make repairs or has retaliated against you for asking them to, you may want to consider setting up an initial consultation with our office. We first need to know if a tenant wants to compel the landlord to make repairs or if they want to terminate the rental agreement. Either way, your attorney fees may be recovered via Tennessee landlord-tenant law.
Landlord Repair Responsibilities
T.C.A. 66-28-304 defines general maintenance obligations of a Landlord. The Landlord is required to comply with building and housing codes affecting the health and safety, make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, keep common areas clean and safe, and other obligations.
Tenant Repair Responsibilities
T.C.A. 66-28-401 defines general maintenance and conduct obligations of the Tenant. Tenants are to comply with building and housing codes affecting the health and safety, keep the premises clean and safe as when Tenant received the premises, dispose of trash into receptacles, not deliberately or negligently damage property or permit third parties to do so, conduct illegal activity, and not disturb the neighbors peace.
Contractual Responsibilities
T.C.A. 66-28-304(c) provides the landlord and tenant may agree in writing that a tenant perform specific repairs and maintenance, but only if such an agreement is entered into in good faith and not for the purpose of evading the obligation by the landlord. Needless to say, Tenants should be cautious about agreeing to be responsible for any repairs that the landlord would otherwise be responsible for.
Landlord Repairs Are Insufficient Or Nonexistent
Sometimes a Landlord will agree there is a defect then merely "patch it" up rather than spend the time and resources sufficient to actually "repair" it. We recommend a Tenant schedule a consultation with our office to discuss what their next steps may need to be to best position themselves for success. The Landlord will certainly respond in court that they timely acted and did so in "good faith." How the matter is handled prior to court is critical to your chances of success.
Landlord Denies Repairs Are Needed
Tenants often contact our office when a Landlord either refuses to make repairs of known defects or disagrees a defect even exists. It is strongly recommended you schedule an appointment with our office to navigate the next steps of sending a demand letter and what to do depending on how the Landlord responds to that demand letter.
Landlord Wants To Remodel The Property
Tenants sometimes are pressured into granting the Landlord repeated access over weeks and months due to the Landlord wishing to remodel the premises. There is a difference between making necessary repairs versus electing to remodel the property while a tenant is currently occupying it. At a certain point, the intrusion prevents Tenant from their right to quiet enjoyment. The Tenant may wish, depending on the extent of work, to discuss discounted rent or tenant staying in substitute housing temporarily while the remodeling is completed. Tenant's should be careful when deciding whether to agree to the proposed renovations (not repairs) and terms offered by Landlord to Tenant.
Can I Withhold Rent?
This is one of the most common questions and mistakes tenants make. The answer is most likely no, but there is an exception. There is a provision in T.C.A. § 66-28-502(a)(1)(C) that allows if proper notice has been given and essential services are not repaired, if the Tenant procures reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent from the period of the landlord's noncompliance and continues operating under the lease. This is an extremely rare situation requiring careful legal planning and you should contact an attorney.
Most Tenants simply get frustrated with their landlord and try to leverage the repairs by withholding rent. Two wrongs do not make a right and will likely result in an eviction. Please contact our office to discuss handling this for you as it can easily result in you missing a step and costing you a lawsuit, the landlord's damages, and the landlord's attorney fees.
Written Demand To Landlord
The Tennessee Uniform Residential Landlord-Tenant Act likely requires fourteen (14) days written notice as required in T.C.A. § 66-28-501. This means you need to give your landlord at least fourteen days written notice of the defect, your demand it be fixed, and your intent to take further action should landlord not uphold their responsibilities. Tenants often state they have gone weeks complaining to a landlord but have not actually given written notice.
Do I Need A Consultation?
If you are visiting this website, then you are trying to learn more about the landlord-tenant relationship generally. The problem is each case is unique and your time is valuable. We offer initial consultations at a discounted rate where we briefly review your documents, listen to your story, and tell you our general opinion on what your options may be and our recommendation for navigating the path ahead.
An initial consultation is a low cost option to help you make an informed decision moving forward. Feel free to schedule an initial consultation today.
Can I Represent Myself In An Court?
You can always represent yourself, individually. This does not mean you can show up to court and represent your spouse who would likely have a default judgment entered against him or her. If the amount in controversy is low and you have possible counterclaims the Landlord may bring against you, then it may make sense to represent yourself.
However, you may want to schedule a consultation with our office to learn our general opinion regarding your case and what your options may be. Specifically, we may be able to send a demand letter for you to make sure the process is handled with a better chance of success should it require going to court and you ask the landlord to pay for your attorney fees.
Do I Need An Attorney To Deal With My Landlord?
First, it is certainly recommended you schedule a consultation to learn possible options. It may be possible to have our office right a demand letter to the landlord to comply. It is certainly better to resolve things amicably without the need of going to court. Some Landlords view the letter from the attorney as objective and comply. However, some Landlords are prideful and view a demand as challenging whether they are "right" and you are "wrong." Either way, in most situations it is advised you speak with an attorney.
This firm loves to help tenants in need. We also view our services in a cost benefit analysis and want to make sure you are fully informed on whether we believe our services are likely needed in your particular circumstance.
Want To Learn More?
Let Us Save You Time
Sam Cross is a Franklin Tennessee Real Estate Attorney who focuses his practice on enforcing the rights of tenants, homeowners, contractors, and consumers. If you'd like to learn more, you can schedule an initial consultation by clicking the schedule button below.