What Is the Best Way to Communicate Heating & Other Issues to My Landlord?
By Aser G. Tolentino, Esq.
Introduction
At the time of writing, an atmospheric river was making landfall over Northern California. A few weeks earlier, temperatures had plummeted across the country to the point that three-quarters of the United States was experiencing freezing temperatures simultaneously. All of these weather events make for some unpleasant possibilities if heat fails, or the roof springs a leak. When something breaks around the home, especially for renters, knowing who to call can mean the difference between a hassle-free experience and a nightmare without end. And that assumes whoever picks up actually wants to help. This month’s article covers how to make sure that word reaches the right person, and that they take your concerns seriously when they hear them.
A Brief Refresher
While failing to make repairs can make the basis for harassment, breach of the covenant of quiet enjoyment, or even discrimination case, it is the warranty of habitability that most directly controls what legal standards a landlord must meet. As a reminder, the things a landlord must provide or avoid, depending on how you look at it, are included in Civil Code § 1941.1 and Health and Safety Code 17920.3. Among some of the basics, the landlord is supposed to provide heat, running hot and cold water, electrical wiring and lighting, and avoid mold, pests, and fire hazards. Once the landlord has been told of a problem, they must fix it in a reasonable time, which most people treat as thirty days unless there is a serious emergency like a tree falling on a house, or flooding that creates a risk for mold. One topic attorneys at Tenant Law Group are often asked to explain is how to tell the landlord about the problem, and how to get them to actually do something about it.
Report Immediately and Completely
When something happens in your rental unit that the landlord is responsible for, it is important to report it as quickly and completely as possible. Most modern lease agreements include directions on who to contact and how to do so when repairs are required. Property managers often set up portals for submitting maintenance requests and might also provide a phone number for making emergency requests. Regardless of how the message is delivered, it is important to provide details about what happened, what you need, and how the issue impacts your ability to live in the unit.
Here are some examples of ways to present some maintenance problems and request assistance.
I need to report a problem with my heater. The unit powers on and the fan produces airflow, but the temperature of the air coming out of the vents is not warmer than the inside of the house. Could you please send someone today to inspect the heater and make whatever repairs are needed? According to the thermostat in the picture I am attaching, the temperature inside is now 62° and it will be dropping into the 40s tonight.
I have a plumbing emergency in my unit’s bathroom. The toilet has clogged and overflowed (see attached pictures). Could you please send maintenance as soon as possible? We are currently without a working toilet.
If the method for reporting a problem allows you to attach pictures, it is extremely helpful to do so. Pictures can emphasize the seriousness of the problems you are dealing with, both to the people you are asking for help, and anyone else you might have to report the situation to if they do not respond appropriately. Providing additional photos in follow-up communications can also show the need for more work and the consequences of not acting sooner.
If the issue involves something that is difficult to capture in a picture, you might need to be more creative. Recording audio or video might show the problem more clearly, such as when water trickles out of the faucet with the taps wide open or water pours out of a light fixture. The latter is something TLG has seen in many cases. It is important to remember that you cannot record people with a reasonable expectation of privacy without their knowledge. Doing so could lead to felony charges.
Some of our clients have shared some useful tips for documenting uninhabitable conditions that are less predictable or difficult to photograph.
Taking pictures of thermostats with the time and temperature while the heater is on can demonstrate the heat is not working properly. Videos with the clear sound of the heater working hard to no effect can help too.
Starting a video recording before turning on lights, opening cabinets, or making noise that startle pests into moving where they can be seen can set up a shot when it would be too difficult to wait for them and start a recording in response to seeing them come out on their own. Photographing evidence of damage from pests, particularly if it worsens with time and a landlord’s failure to do anything about it can also be persuasive if they fail to take things seriously and you need to remind them of their responsibilities.
Sometimes, it may be necessary to call in an expert. Some landlords will not act until the code violations they have allowed to worsen are laid out in front of them. An experienced housing inspector or mold remediation expert can objectively review the situation and present a written summary to the landlord explaining the severity of the issue and the consequences of not complying. If even an independent review fails to obtain a response, then you may have no choice but to reach out to code enforcement.
If At First, They Do not Concede
Speaking of following up, it might be necessary to escalate your concerns to other points of contact. If you have access to contact information for property management or the landlord, it may be appropriate to reach out and inform them of the failure of their designated process for dealing with a serious habitability issue. It is extremely important that you escalate the process and not the tone of communications. Regardless of the audience, er justified it might feel, yelling, swearing or threats probably will hurt the cause both in the near term and after the fact.
Conclusion
Whether it is a clogged toilet or an incinerated bedroom, the landlord is responsible for addressing conditions that make the unit uninhabitable. If your landlord is ignoring your notices, it might be helpful to speak with an experienced tenant rights attorney to learn more about your rights and prepare a plan to make sure your voice is heard.
