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Got a troublesome leaky roof and wondering how long does a landlord have to fix a leaking roof? Well, we’ve got your answers. A leak could seem like something small to someone who doesn’t live at the property (e.g. your landlord), but when you have to hear regular drips into a bucket throughout your home, or you may have an even bigger problem like a hole in your roof during the winter months.
This is something you’re going to want to get this looked at as soon as possible. Lucky for you, we’re here to answer all your questions about how long does a landlord take to fix your roof.
Your Questions Answered: How Long Does A Landlord Have to Fix A Leaking Roof
- Reasonable Time To Fix Leak Based On Size
- Small Leak
- Large Leak
- 11 Steps To Take When A Landlord Doesn’t Repair The Leaks In Time
- Can A Landlord Make A Tenant Pay For Repairs?
- What Is Considered An Uninhabitable Living Situation For A Tenant?
- What Is A 14-Day Breach Notice
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Reasonable Time To Fix Leak Based On Size
How long does a landlord have to fix a leaking roof all comes down to the reasonable time rule. If the leak is a disruption for the tenants, for example, they have to empty a large bucket daily. The landlord is expected to take care of this as early as possible, even if it will take a while to repair the leak.
In most states, a reasonable time for a landlord to make repairs is 30 days. Your local landlord-tenant laws will define the exact time requirements, which are documented in the Implied Warranty of Habitability.
Leaks can cause damage to the property, especially during the colder and wetter months – so it’s in the landlord’s best interest to look at things sooner rather than later.
Small Leak
For a small leak, for example, a few drops into a bucket every week, immediate action by the landlord is probably unnecessary. This doesn’t mean the landlord shouldn’t look at it – it just means they don’t need to be called out at 1 am. 30-days still applies. So when it comes to small leaks, how long does a landlord have to fix a leaking roof is 30 days.
Large Leak
If you’re looking at a leak problem that is bigger and a significant issue – this is something that a landlord needs to look at immediately. Typically, a landlord has 3-7 days to fix “critical” repairs.
This is primarily where the tenant’s belongings and property will be damaged. How long does a landlord have to fix a leaking roof is as soon as possible to avoid a considerable loss.
Landlords are required to keep any rental property habitable, and tenants must inform the landlord about the leak as early as possible when this is breached. If your landlord makes the essential repairs within a reasonable time, there are a few things a tenant can do.
11 Steps To Take When A Landlord Doesn’t Repair The Leaks In Time
Landlords are required to keep any rental property habitable, and tenants must inform the landlord about the leak as early as possible when this is breached.
If your landlord makes the essential repairs within a reasonable time, there are a few things a tenant can do.
1. Be Methodical And Professional
How long a landlord has to fix a leaking roof may not apply if your landlord has exceeded the 30-day reasonable time requirement. The first thing you need to do is make sure that you take all the necessary steps required to make sure that, should anything happen, you’ve acted reasonably.
This includes:
- Informing your landlord as soon as you notice the leak.
- Be courteous and clear in your communication about the issue, so there’s no room for ambiguity.
- Follow up any phone call with an email to document what was agreed on the call.
- Not doing anything that could be seen as making the leak worse.
- Make sure you understand the terms of your lease and what your obligations within them involve.
2. Document Everything
We’re talking photos, videos, and any photos of the damage to your personal property. Pop all of these in a labelled folder, so it’s easy for you to share if you need to escalate the issue.
3. Keep A Journal
In line with documenting everything, as soon as you notice the leak, keep a journal about how the leak impacts you and your family daily. If you need to take this to court, it’s important to have a record of the emotional toll the leak may have had on your family.
If it’s taken many months and you still don’t know how long a landlord has to fix a leaking roof, it’s easy to start accepting that things that aren’t okay can be bearable. A journal is a good way to track and remember the impact over time.
4. Get Everything In Writing
We mentioned this earlier, but make sure you get everything in writing, especially after calls with your landlord. Getting caught up and agreeing to things on a call is easy. Without this in writing, it might as well not be counted as evidence, should you need some if you go to court.
5. Take Photos
Start taking photos and videos of the problem with timestamps as soon as you notice it. Make sure you take them at different times of the day and when the weather changes to highlight how big the problem is. Pop all of these in a labelled folder, so it’s easy for you to share if you need to escalate the issue.
6. Follow The Requirements Of Your Lease
Although it may seem tempting to take matters into your own hands, you need to remember that the requirements of your lease still bind you. Make sure you understand these and follow them as long as it is reasonable.
7. Get Your Local Building or Health Department Involved
If you still need help, it’s time to get that folder of evidence and take them to your county or borough’s inspection department. You can usually find these at your local government offices.
If the leak is causing illness and injury to people in your family, a county inspector will act quickly to come out and inspect the damages. If they find the damage urgent, the council has the authority to force your landlord to make the repairs by a specific date or face legal repercussions.
8. Withhold The Rent
If it’s been more than 30 days, and your landlord has yet to respond, you can try withholding one month’s rent to see if that gets your landlord’s attention.
This may turn things sour with your landlord, which may mean they take things further and break your lease, but if you’ve followed the steps above and documented everything, you should have the authorities on your side.
9. Make the Repair and Deduct the Cost from Your Rent
If how much it’ll cost to fix the roof is something that you can afford and falls below the month’s rent, you can make the essential repairs and then deduct the costs from your next month’s rent.
Make sure that you’re only making essential repairs and that everything is documented, just in case your landlord disputes how much you’ve deducted.
10. Break Your Lease
If the situation is dire and the property is drastically inhabitable, you can break your lease and leave the rental unit without penalty.
11. Go To Court
If you don’t want to break your lease, or you have already but need your bond back, it’s time to head to court. With all the evidence you’ve been building, you may have a strong case, so don’t fear taking things to court. This is especially true when your personal property has been damaged, and you must find a new one.
Can A Landlord Make A Tenant Pay For Repairs?
The short answer is yes. This will come down to the terms of your lease agreement which is why it’s important to check and understand these. Also, if the damage is intentional, the landlord can ask the tenant to pay for the repairs or repair the damage.
What Is Considered An Uninhabitable Living Situation For A Tenant?
The Implied Warranty of Habitability means that a landlord has to provide the following:
- Up-to-date conformity to building codes
- Hot and drinkable water
- An adequate ventilation system
- Working electricity and heating
- Smoke and carbon monoxide detectors
- Removal of insect or rodent infestations
- A working bathroom and toilet
- Security in the form of door locks and windows.
If any of these aren’t working or you find you’ve got a rodent infestation, that could make your living situation uninhabitable.
What Is A 14-Day Breach Notice
When you notice the leak on the roof, you can send your landlord a 14-day notice to remedy it. This tells what’s in breach (in this case, the leaky roof), what needs to be done, and how long they have to fix it.
Though some standard practices tell you how long does a landlord have to fix a leaking roof, it does vary between states. The first step you need to take is to understand the terms of your lease and as soon as you inform your landlord of the leak, make sure you clarify any terms in your lease that you may not understand.
Even if it’s just a small repair, it’s essential to document everything and ensure that you keep following up with your landlord, especially so the leak doesn’t get bigger. Our best advice is to keep all your evidence organised, timestamped and in labelled folders, so that should the issue escalate, you’ll be able to act quickly.
Remember that as soon as the issue starts impacting how you live on the property and causing damage to your personal property, it’s time to escalate things, so things don’t get worse.
