Note: More information on leases, tenant rights and responsibilities, landlord rights and responsibilities, and the laws governing rental property is coming soon!.

REPAIRS & MAINTENANCE

In lower-cost rentals, it is unrealistic to expect the same level of maintenance and supervision found in more expensive units. Even though the Housing Code and the Landlord/Tenant Act apply to all landlords equally, the amount of rent you pay often is an indicator of the effort the landlord will make to keep up the property.

Sometimes tenants withhold rent in an attempt to force the landlord to make repairs. Usually this tactic results in an eviction notice. The court does not regard poor maintenance as a reason to withhold rent, even if it is escrowed. The landlord guarantees that the unit is livable when he signs a lease agreement. It's one of the basic "covenants," or promises, that he legally must make to tenants. This "warrant of habitablility" protects tenants from serious maintenance problems. For small breakdowns, follow these instructions:

• Call the landlord to discuss the problem and determine the day/time s/he'll (a) call you back or (b) send someone over. If you created the problem, you probably will have to pay to have it fixed, but it is important to report the situation to the manager as soon as possible. Stay calm and friendly.
• Immediately send a note summarizing your phone conversation and describiing the problem. Be sure the note is DATED... and keep a copy. This "written notice" is the legal key that guarantees that your options and rights will remain open in the future.
• If the landlord gets back to you at the appointed time, the repairs will probably be made. Relax and be patient. It will take time to schedule a plumber, order the part, etc. The law states that he must do the reapir within "a reasonable time."
• What is "reasonable time?" It could be 2 days for a plugged-up toilet, or 2 months for a leaky roof... it all depends on the situation! A landlord who intends to fix the problem will communicate, not go into hiding! If the landlord ignores you, keep a diary of phone calls and events pertaining to the problem.
• If a reasonable time has passed and the landlord hasn't acted in good faith, you may want to call the Housing Info Line for advice. Under certain conditions, the Landlord Tenant Act gives you the right to (1) get and save several estimates, (2) pay for the repair yourself, and (3) deduct the cost from your rent. However it is best to let your landlord know in advance that you intend to do this. He/she may not even be aware that you have this right! He/she may be happy to have you take care of it. Generally, if you broke it, you will pay for it anyway. If it just "wore out," the landlord should pay.

ESSENTIAL SERVICES The right to pay for repairs and deduct from rent is guaranteed only when "essential services" have been interrupted. Certainly heat, water, gas, hot water, and a working toilet are deemed essential. A working stove, refrigerator, air conditioner and locks are arguably "essential." If you report a problem in writing and it's not fixed within a reasonable time, you may: Pay for the repair yourself and deduct from rent, or Move to a hotel or other rental and recover costs from the landlord, or Stay in the unit and ask (or sue) the landlord to reduce rent based on "loss of use" or "reduced value." SAVE ALL CONVERSATIONS AND DOCUMENTATION!

For the Chattanooga Housing Code provisions, see the Chattanooga Housing Code, from the City of Chattanooga web site. To report code violations, call the Better Housing Commission, 757-5204. Before reporting your landlord to this enforcement agancy, you may want to counsel with the Housing Info Line at 267-5223.