If Rent is Late , Should Landlord still do repairs to home?
By devideddi
@devideddi (1435)
United States
January 22, 2007 2:02am CST
A lady I work with has lost the heat in her home. She wont call the landlord to fix it because she has not paid this months rent. I told her to call him anyway. She says she is just not comfortable asking him to fix heater because she owes him for this months rent and is almost always late paying. Shouldn't she call him anyway? Will landlord do repairs even if rent is overdue?
18 people like this
91 responses
@Foxxee (3651)
• United States
22 Jan 07
Actually, if something is broke and she is renting, she doesn't have to pay rent until that item is fixed. I'm sure that law applies in most states. It does in Nevada and in Oklahoma. I have lived in both states and rented both times and had a simular thing happen. By law, she doesn't have to pay rent until that heater is fixed. She should just call him up and tell him about the heater. I'm sure he will fix it, but if by some chance he doesn't and he brings up the rent money she can easily throw it back in his face that she wont pay until it's fixed and that he can even check into it because I'm 98% sure that it applies in most states if not all. Check into that. She needs her heat. It's winter!
@RomanceGoddess (55)
• United States
22 Jan 07
Landlords have a legal responsibility to provide their tennants a safe, warm, clean environment. No matter if her rent is late or not. And especially heat in winter.
@Goranimal (315)
• United States
22 Jan 07
The only thing a landlord has to provide is heat from Nov-March and thats it. A renter can only hold back paying if the landlord refuses to make repairs, like water leaks, you cannot hold a payment because your late and something broke after the fact, and then that payment needs to held in an account to show proof you have the rent to pay...after 30 days he can evict her and she has no recourse. i was a landlord and i know the laws. she needs to call him asap, nothing worse then a renter hiding...
1 person likes this
@thewatchlist (653)
• United States
22 Jan 07
Goranimal is right. The laws are different state to state but if she can't show that she was withholding rent due to problems with the building, she can't claim that was her excuse.
The landlord most likely will fix the issue anyways becasue there are a number of problems to the building that can result from not having heat. Depending on the locale, it could get cold enough for water pipes to freeze. This could result in many more damages/repairs for the landlord that he really won't be happy about.
The landlord is likely already aware she is late on rent and has been repeatedly before. Being negligent by not reporting problems (that could easily compound themselves costing him even more) will only further annoy the landlord.
2 people like this
@jeweledbluerose (3061)
• United States
22 Jan 07
Even if her rent is late she is still paying him when she can and I think she should call and ask him to repair the heater if he can't than she will need to find an inexpensive repair person and make sure she has the bill deducted from her rent. Even though she is renting it is still the landlord's property and he needs to be making repairs and keeping the home in top order otherwise he can get in serious trouble.
2 people like this
@ichurn (611)
• Philippines
23 Jan 07
I would say that the landlord will never have the motivation to do the repairs because she is not paying anyway. Landlords are responsible in doing repairs for the houses/apartments that they have rented. However, the tenants should be responsible also in terms of paying. The payment will go to the upkeep of the houese/apartments.
@anne_143god (5387)
• Philippines
23 Jan 07
I think what she should do is try to ask first the Landlord to fix it if they wont agree then she should tell them that she gonna fix it but the landlord should deduct it to her rent and make sure if the Landlord agrees that she should put it in writing.
1 person likes this
@samson1967 (7414)
• India
22 Jan 07
If that Landlord is generous like Lord, then he can repair the heater even if the rent is overdue. However your friend can get the work done, by telling the landlord that she will pay the rent after the heater is fixed.
1 person likes this
@jumpinjack00 (3054)
• United States
22 Jan 07
Let's put it this way. If the landlord is a nice
person than I'm sure he'll do it. However, because
she's always late paying, he might not be so cooperative.
She has to face her fears and ask.
2 people like this
@pendragon (3350)
• United States
22 Jan 07
It should depend on how late the rent is, and how late it will be as opposed to the severity of the repairs.It may be that she shouldnt pay them until the repirs are done.If it's always late, then she shouldnt be uncomfortable.If she's signed a lease she should read the fine print.
1 person likes this
@mikeyr6000le (2123)
• United States
22 Jan 07
Yes she should call and yes the landlord should fix the heat. Even though your friend is almost always late in paying the rent she at least does pay it. The landlord should take that into consideration. The landlord can't fix it though if they don't know it is broken. So that is something to think about too.
1 person likes this
@cipher2004 (1183)
• United States
22 Jan 07
No matter how much you owe on your rent it is illegal for her not to have heat.I think that she should tell her landlord how long she has been without it and she might get some rent knocked off.Especially if heat is included in her bill.
1 person likes this
@ScrappinHappyMom (914)
• United States
22 Jan 07
I know that in Colorado a landlord is required by law to maintain the a safe standard of living in the home which would include heat, as long as there is a tenant in the home regardless of rent payment. She needs to call him and get her heater fixed. Perhaps she also needs to go to a finicial councelor to help her learn to budget her money, by paying late every month she is losing valuable dollars in late fees.
1 person likes this
@brita_peterman (12)
• United States
22 Jan 07
If something is broke in the apartment the landlord has no choice to fix it. If he doesnt fix it, she dont pay nothing. If the landlord tries to sue she still wont have to pay. and im speakin from experience. we paid our rent on time but the landlord would fix our AC so we didnt pay until he fixed it.
1 person likes this
• India
22 Jan 07
i dont think so because even i m also a landlord i do not go to the home and ask for rent .when thet feel that they have money they give it to me .its just like a mutual understanding thats it one if i need some extra money they we are always ready to give to me .so its just a mutual under standing
1 person likes this
@chertsy (3798)
• United States
18 Feb 07
This lady should suck it up and call. Even late, the landloard has to fix the heat in her apartment. If he doesn't want to, she can report him.
She needs to find out what her rights are as a renter. If she's always late, and the landlord has worked with her in the past. I don't see the problem. I think this lady just needs to get over her fears.
@unfathomedpsyche (858)
• Thailand
22 Jan 07
I guessed she should call her landlord for repair even if shes late with her payment. Come to think of it its her landlord's obligation to fix it and in part its also her obligation to report any damage in her apartment inoder for it to be repaired as soon as possible.
@trouble4u2avoid (2915)
• United States
22 Jan 07
She should definitely call even if she's late on her rent. I'm sure the owner would want to know of any problems with his home asap. Who knows why the heater isn't working properly, maybe it's faulty wiring. That could be very dangerous.
@crimsonblues (1191)
• United States
18 Feb 07
Some landlords will. Has she contacted him about the rent being late?
If she hasnt been paying her rent - she will find herself kicked out. She should really call, explain and then ask him to fix the heat. If he's a good landlord he'll do it.
