The Legal Process for Tenants To Report Health and Safety Violations

Renters have rights. Among them is the right to live in a safe and habitable space. No matter how much you pay in rent – you have this legal right, which means your landlord is responsible for keeping your living space safe and habitable.

Unfortunately, things go wrong, and not all landlords comply with this standard. When this happens, tenants must know the legal process for reporting health and safety violations. Laws that govern this process and what constitutes an unsafe condition vary by state, county, and city.

For advice about your specific situation, you should consult a local lawyer experienced in tenant rights. They will assess your situation, apply your area’s laws, offer legal advice, and, if necessary, take legal action to uphold your tenant rights. 

What Are Considered Unsafe Living Conditions? 

Unsafe living conditions can be many things and can be limited to your apartment or the common areas.  

• Structural issues: This includes things like leaky roofs and crumbling walls.
• Health hazards: Things like mold, lead paint, bugs, rodents, or other infestations.
• Essential services: Your rental unit may be unsafe if it does not have heat, running water, hot water, or electricity because your landlord isn’t caring for it. Depending on where you live, this may include air conditioning.
• Safety concerns: Your landlord may be civilly responsible if a crime occurs in your building. 

These conditions can pose significant risks to your health and well-being. In addition to disrupting your occupancy, some conditions may violate local housing codes and state laws.

What Is the Warranty of Habitability? 

The Warranty of Habitability is a legal doctrine that requires landlords to keep rental properties in a condition fit for human habitation. This means your home must be livable. The warranty of habitability is in every tenancy, whether written in the lease agreement or not.

If a landlord fails to maintain basic safety, health, and structural standards, you have legal remedies to get them to do so. 

What Should Tenants Do Before Reporting a Violation? 

If you live in an unsafe situation, you should talk to your landlord before taking formal action. Document all unsafe conditions with photos and detailed notes. Include dates and any communication with your landlord.

Ask your landlord or property manager to fix the issues. Do this in writing and keep a copy of the letter or email. Give your landlord reasonable time to fix the problems. What constitutes a “reasonable amount of time” depends on the issue.

How Can Tenants Report a Violation? 

If the landlord fails to fix the unsafe condition, you can report the violation to the local building code enforcement or health inspectors. The process for doing this will differ depending on where you live. Most places allow filing a formal complaint online through the local government’s website.

You may need to contact the appropriate department directly. Be prepared to provide evidence of the violations and any correspondence with your landlord. 

What Could Happen to a Landlord After I Make a Complaint? 

After you file your complaint, an inspector will visit the property to assess the situation. If they find safety or code violations, the landlord will likely receive a notice telling them what they need to fix and when they need to fix it. If the landlord fails to do this, they will likely be fined, taken to court, and, in severe cases, condemned. Since landlords usually want to avoid these consequences, they are often motivated to fix things. 

Can I Withhold Rent? 

In some jurisdictions, you may have the right to stop paying rent until the landlord fixes the problems and returns your home to a habitable condition. This non-payment of rent is known as “rent withholding” and can be a powerful tool in compelling landlords to make necessary repairs. However, you should be cautious when doing this and follow all legal requirements. Often, you have to place rent money in an escrow account. 

If you fix the issue yourself, you may be able to reduce one month’s rent by the cost of repairs. Similarly, if a problem with the apartment destroys your personal property, you may be able to withhold rent to replace your personal property. Property damage issues may depend on landlord-tenant law in your area and your lease agreement.

Do I Have To Tell the Landlord I Reported Them? 

You do not have to, but depending on your landlord, it might be a good idea to keep the lines of communication open. Doing so can sometimes speed up the repair process. 

Can I Report a Landlord for Failure to Address Criminal Activity? 

Landlords are responsible for keeping your home safe. This often includes addressing criminal activity that threatens tenant safety. If your landlord does not take steps to manage or prevent crime, such as drug dealing or violence on the property, you may need to report the issues to the police and local housing authorities. 

Can a Landlord Retaliate? 

It is illegal for landlords to retaliate against you just because you exercised your right to live in a safe and healthy place. Nevertheless, some landlords may seek eviction, increase your rent, keep your security deposit, or remove services like shoveling snow or garbage removal. If you suspect your landlord is getting back at you for reporting unsafe conditions, document everything and seek legal advice from a landlord-tenant lawyer. 

Having a safe and healthy place to live is your right. If your home is not safe or healthy, you have the right to report it. If this doesn’t work, contact a local lawyer specializing in tenant rights.