Health Code Violations: Is Your Landlord Breaking The Law

The apartment you end up in might not be the one of your dreams (subway tile in the kitchen, a large soaking tub, and unobstructed views of the city), but at the very least you can expect it to be clean and safe. Your landlord is responsible for keeping every rental property they own in a habitable condition. The legal term is: “implied warranty of habit­ability,” which means that the unit must be in safe and sanitary condition for the duration of the tenant’s lease. If there are issues afoot that you suspect could be apartment health code violations, you have the right to contact a local health agency to help rectify them.

Most Common Types of Apartment Health Code Violations

If you are unsure of what your rights are as a tenant when it comes to certain health code violations and when or how to report them to the city or health department, read below to find out more information:

Pests

While laws differ among states, a pest problem can be defined as “the presence of insects, rodents, vermin, or other pests in sufficient numbers to adversely affect the structure or health, safety, and welfare of the occupants.” If you are seeing any signs of a mouse, rat, roach, bed bug, or other pest infestation, it’s cause for calling the city pending you have contacted your landlord and they have been unwilling or unresponsive in resolving the issue. Your lease agreement will have a pest control section. Make sure to refer to the requirements of the landlord as well as the legal requirements in your state or local ordinance to help you understand how to move forward with your complaint.

No Running Water, Electricity, or Heat

It’s your landlord’s responsibility to ensure that you have access to these vital services in your unit and building. While in most cases it is the tenant’s responsibility to pay utilities, if you have a signed rental agreement that proves the landlord is responsible for the utility that is not functioning properly – whether due to non-payment or lack of timely repair, you have the right to report them to the city. In some cases, such as a weather related emergency or other unexpected emergency that is not the fault of the owner, a repair may not be possible until the power company, water company, etc fixes the main issue first. If you’re unsure of the issue, communication with your landlord is always your best first step to understanding how to proceed. Additionally, some states and/or local ordinances have laws regarding when heat and/or air conditioning legally have to be provided or maintained based on the outside temperatures. It is best to review your lease first for any specific requirements, and then check state or local ordinance laws, before assuming a landlord has to provide and/or repair heat or air conditioning in your rental home.

Dysfunctional Plumbing Fixtures

It’s also your landlord’s responsibility to make sure your plumbing is working properly —especially if you only have one bathroom in your apartment. In the event you only have one bathroom, non-working plumbing is considered an emergency maintenance request. Make sure you have access to the Emergency Maintenance list for your apartment community when you move-in so you have proper expectations regarding the timing of a plumbing repair. Should the repair take longer than the lease handbook mentiond and/or you are not receiving communication from your landlord, you have the right to contact a local health agency to get the problem resolved.

Lead Paint

Lead paint was commonly used in homes that were built before 1978. If you live in an older apartment and there is lead paint present, understand that you could be putting yourself (and especially young children) at risk of several health issues. It’s your landlord’s responsibility to disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. In the event your housing was built before 1978, your landlord is required to have you sign a lead paint disclosure form and to provide any records and reports on lead-based paint and/or lead-based paint hazards which are available to the seller or landlord.

Presence of Mold

Mold can cause illness or trigger severe allergic reactions if present in a living space. However, in rental housing, “mold” can be a sticky situation. Depending on the state you live in, both the tenant and the landlord can be held liable for mold issues.  If you notice mold in your home, the first step is to contact your landlord immediately. The second step is to review your signed lease agreement for a Mold Clause. The third step is to find out your state’s legal requirements on the liabilities, inspection, and remediation of mold in rental units to ensure you know your rights and your landlord’s responsibility in fixing the problem.

Delayed Waste Removal

If your trash isn’t being picked up on a regular basis, you have a right to report it to the city. It’s your landlord’s responsibility to make sure it’s removed from the property regularly and on time. While it is the responsibility of the landlord/management company to ensure proper garbage removal, it is not required for them to increase or pay for additional garbage picksups should their tenants not adhere to waste remove guidelines. Check your signed lease agreement for waste removal guidelines if you think your landlord is not fulfilling their duties.

Structural Issues

This can be anything from a leaky roof to a foundational issue — and it’s on your landlord to make sure that it’s fixed.

Reporting the Violations

Before you go to the city or begin to pursue a court case against the landlord, you should first notify the landlord of the issue. You must submit these complaints to your landlord in writing. Always keep a record of your communication to your landlord. Depending on where you live, they will typically have a certain number of days to address the problem at hand.

If, however, you have repeatedly asked them to fix the problems in your apartment to no avail and submitted a request to them in writing, it’s time to contact the city. Start by gathering as much information as you can on the types of violations you see occurring and the frequency at which they occur. When speaking with the health department, you should also indicate whether or not the perceived health code violations prevented you from inhabiting the apartment or caused you bodily harm.

You should also make sure to write down the date, time, and topic of any phone calls between yourself and the landlord or other residents that are also experiencing problems. These notes will be sufficient enough to show to the city exactly why you had to notify them of the violations in the first place.