Sunday, March 06, 2011

Things They Should Invent: let tenants bill unresponsive landlords for maintenance

This idea originated as a solution to the maintenance problems reported at TCHC, but I think it could be useful for all tenants.

If the landlord does not respond to or resolve maintenance requests within a certain legislated period of time, the tenant has the right to hire someone to fix it and send the bill to the landlord.

The required period of time can vary depending on the severity of the issue. Urgent issues like infestation, lack of heat, lack of water, or threats to the tenant's safety would have tighter deadlines than smaller issues.

There would be two deadlines the landlord has to meet: response and resolution. Response is when someone comes and looks at it. If it's something that can be fixed easily, they would do so right away. (For example, last time I asked my super for help was because a lightbulb had burned out in a complicated lighting fixture and I couldn't figure out how to get it out. That would only require one visit, and would (obviously) fall under the non-urgent deadline.) If the problem is more complicated and they need to call in outside help or order outside parts, they'd have until the resolution deadline to solve it. The resolution deadline for something like lack of water would still be pretty tight, but it also would realistically reflect the need to call in outside contractors.

If the landlord doesn't meet one or both of these deadline, the tenant is then permitted to call in contractors unilaterally and have the bill sent to the landlord. Because tenants don't always know how to choose a good contractor, landlords would be required to provide a list of the contractors they use to the tenants. However, tenants are permitted to choose someone who isn't on the list. Tenants are also permitted to attempt to fix the problem themselves, and absolved of any responsibility for repairs gone wrong. Basically if the landlord wants it fixed their way and at the cost they've agreed to, they'd better do it on time.

In cases where a contractor has been called or a part has been ordered but there's a bit of a wait, the landlord must provide the tenant with all pertinent information - who did they call, reference number, ETA, etc. I can make arguments for and against tenants being permitted to call in their own contractor if the landlord's contractor's ETA for parts or service exceeds the resolution deadline.

If the landlord is doing their job properly, this shouldn't change anything. If the landlord is not doing their job properly, they will have to pay the cost of doing their job properly. And the tenant is no longer at the landlord's mercy for their basic living conditions.

1 comment:

laura k said...

Why don't we already have this??? It should absolutely be written into the standard lease.