Situation guide · 03

The repair is not getting made

In most states a landlord has a duty to keep a rental fit to live in, and the tenant's practical job is to create a clear written record: what is broken, when it was reported, and what happened after. What a landlord must fix, how long they have, and what a tenant may lawfully do next are set by state and sometimes city law.

You do not have to solve the whole case tonight. Take the next right step.

If this is happening now

  • No heat in dangerous cold, or no cooling in dangerous heat.
  • Sewage, flooding, gas smell, exposed wiring, or a structural failure.
  • A non-working smoke or carbon-monoxide alarm, or a fire hazard.
  • Anything that puts a child, an older adult, or a person with a disability at immediate risk.

Put the request in writing, even if you already called

A phone call is not a record. Almost every later step — a code complaint, a legal-aid intake, a small-claims case, a defense in an eviction — works better when there is a dated written request that the landlord received.

What a useful repair request contains

  • The date, your name, the unit address, and how to reach you.
  • What is wrong, described plainly and specifically — location, what it does, when it started.
  • How it affects the household: heat, water, sleep, safety, health, ability to cook or wash.
  • Any earlier reports, with dates, including phone calls and app tickets.
  • A clear ask: repair the item, and a request to confirm a scheduled date in writing.
  • Reasonable access: say when the household can let a contractor in.
  • A note that you are keeping a copy.

Keep the tone factual. A calm, specific, dated request is more persuasive to a code officer, a judge, or a lawyer than an angry one, and it is much harder to characterize as a dispute rather than a report.

Document the condition, not just the complaint

  • Photos and video with the date visible in the file metadata; keep originals, not screenshots.
  • A short note each time — date, what you observed, who you contacted, what they said.
  • Temperature readings if heat or cooling is the issue, taken at a consistent spot and time.
  • Receipts for anything the problem forced you to buy — space heaters, bottled water, laundry, a hotel night, replaced food.
  • Names of anyone who came to look, and what they did.
  • Any medical documentation if the condition affected someone's health.

Code enforcement and health departments

Most cities and counties have a building, housing, or health department that inspects rental conditions and can issue notices to a property owner. This is a free public route that exists independently of any court case, and an inspection report is third-party evidence a tenant cannot create alone.

Two practical notes. First, ask what the office does with your name — some allow anonymous complaints, some do not. Second, request a copy of the inspection report and any notice issued; it may not arrive automatically.

The high-risk moves

The same caution applies to breaking the lease over conditions, moving out and stopping payment, or hiring your own contractor. All of these can be lawful in the right state under the right conditions, and expensive everywhere else.

If the repair still does not happen

  • Send a second written request that references the first by date, and keep both.
  • File a code-enforcement or health-department complaint and request the report.
  • Contact legal aid — this is exactly the situation legal-aid housing units handle daily.
  • Ask about small-claims court in your state for out-of-pocket costs, if that fits.
  • Keep paying rent unless and until an advocate confirms a lawful alternative applies to you.

Questions to take to legal aid

  • What repair duty does my state place on landlords, and what does it cover?
  • How much time does a landlord have to respond after written notice here?
  • Does my state have a lawful repair-and-deduct or rent-escrow process, and what are its conditions?
  • Which local office inspects rental conditions at my address, and is my complaint anonymous?
  • Does my state have a rule about landlord action taken after a tenant complains?

Common questions

Can I stop paying rent until it is fixed?

That depends entirely on your state, and it is one of the riskiest choices a renter can make without checking. Some states have a formal escrow or repair-and-deduct process with strict conditions; in others, withholding rent gives the landlord grounds to file for eviction. Confirm with a legal-aid office before withholding anything.

Does the request have to be in writing?

State law differs on what is required, but written requests are more useful in every state. Text and email both create a dated record. If your lease or your state names a specific method of notice, follow that method and also keep your own copy.

What if my landlord says the damage is my fault?

Disagreement about cause is common and is one reason documentation matters. Photos, dates, and any earlier reports about the same issue help. A code inspection produces a third-party view that neither side wrote.

Can I call the city if I am worried about retaliation?

Many states have rules about landlord action taken because a tenant reported conditions, though the specifics vary widely. Ask the inspecting office whether complaints can be anonymous, and keep dated proof of what you reported and when — the sequence is what matters if the question comes up later.

How long does a landlord have to make a repair?

There is no national answer, and we do not publish a number. Response times are set by state law and sometimes by local housing codes, and they often differ by how serious the condition is. Your state page links the official statute and free legal help.

Is the repair process the same in every state?

No. Written notice, waiting periods, repair-and-deduct, and rent withholding are state questions. Withholding rent without checking is one of the highest-risk moves a renter can make.

Where do I confirm the repair rule for my address?

Put the request in writing first. Then open your state page for the official chapter, or ask legal aid before you skip a payment.

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Last reviewed 8 September 2026. Legal information, not legal advice. Not a law firm. hello@renterprotection.org