Saturday, November 10, 2007

Landlord Provides Maintenance

Q: If something in my apartment needs repair, what do I do?

A: After submitting written notice to your landlord describing the nature of the repair, your landlord will have 14 days to resolve the problem. If after 14 days it has not been resolved, you could file with housing court to have your rent held in an escrow account until the repairs are completed. If the repair is of an urgent nature, such as no heat, running water, or electricity, you can file an Emergency Tenant Remedies Action (ETRA) after giving your landlord 24 hours to resolve the infraction. With an ETRA, your case will be heard in housing court within 2 days.

Additional notes: The filing fee that is required to file for an escrow account or an ETRA hearing are refundable if you win, as your landlord will be required to reimburse you. Making the repairs yourself and deducting them from your rent (Repair & Deduct) is not an acceptable alternative to using the court as a remedy. When your landlord comes to your apartment to complete the repair, advance notice must be provided. This notice is generally sufficient by either a note under your apartment door 24 hours in advance or gaining your advance permission to enter the apartment.

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