At what point can tenants bill their landlord for repairs?

Question

In my house, I have a total of 6 windows, 4 of which not only do not open, but are not caulked and have cracks that bugs can crawl through. For 3 months now, my landlord has told me he is going to buy new windows to replace the old ones.. He keeps making excuses and will not fix these windows. It's getting out of control.

Can anyone tell me my rights and limitations regarding this sort of thing? I am NOT going to buy windows myself and install them on his house. It's his house and I am paying rent for his mortgage, I am not spending my own money to fix something that shouldn't be broken in the first place.

Answer 1

The only thing to do is tell him if he doesn't replace the windows you will move out.  

Answer 2

I would file a claim in small claims court.  Do not withhold the rent in lieu of repairs, or he may end up taking you to court.  You can expect to move out of the place if you take him to court, because he will be pretty upset.  It is a hard situation to be in because you either have to put up with the windows, or take him to court to force him to fix the windows...is it worth it.  Are you under a years lease, or a month to month.  If it is a month to month, just give him 30 days notice and move out.  If not, put your window problem in writing and explain why you want them fixed.  You can not bill your landlord for repairs, it all has to be done legally through the court system.  Oh, and take pictures of these window problems.  You never know if you might need them.  

Answer 3

Your landlord is required, according to the terms of your rental to agreement, to keep the place safe and in good repair.  In my opinion what you have described is non-compliance.  He is not complying with the terms of the agreement.

Provided the landlord has had reasonable time to correct this problem the procedure here is to contact the tenancy advodate agency in your area and file a complaint.   Or it may be small claims court.  There will be a hearing of some sort and a ruling made.  The landlord will be give a certain period of time to make the required repairs.  If he doesn't comply with the court order then a judge may rule that you are entitled to reduced rent and "special damages" or be given permission to get the work done  and bill the landlord.

Do not worry about harassment counter suits.  There is no harassment here.  

Like you said, you are entitled to get what you are paying for.

Answer 4

In this case I would simply get some cheap caulk and fill the holes where bugs get it. Other than that you are SOL. Don't renew your lease (or if you are m2m look for a new place).

Answer 5

No rights.  Only dangerous, life threatening emergency repairs will be reimbursed.

Answer 6

You can once the repairs are required by law and he has been given reasonable time to repair them.

New windows are not required, nor are cracks a violation of any housing laws.   Most low cost housing has these issues.    

You can't have new windows installed, no contractor would do so without a signature from the property owner, the cost is too high.

If you want to force the issue you can try suing him in small claims.   Expect to be counter sued and maybe evicted for harassment.

Answer 7

You have NO right to bill the landlord for such repairs, since the condition of those windows does not affect the codes of habitability.  There is no guarantee that windows can or MUST open.  If you're that worried about the bugs, buy a roll of tape and seal the cracks yourself.