Landlord Repair Responsibility Heat/Plumbing/Electrical/Structural Keep heating, plumbing and electrical systems and building structure (i.e., walls, roofs, floors, foundations) in good condition. Common Areas Keep common areas clean and in good condition. Common areas are hallways, storage areas, laundry rooms, parking lots, yards and similar areas shared by two or more apartments. Supplied Equipment Keep in good condition all supplied equipment such as elevators, air conditioners and appliances. Follow Local Codes Comply with all local housing codes. If the building is occupied by one or more tenants, improper use or damage by one tenant does not relieve the landlord of the duty to the other tenants in the building. Tenant Repair Responsibilities Tenants are responsible for doing the following: Repair, or pay the landlord to repair, all damages caused by the tenant. Perform minor maintenance. (The law does not define minor maintenance, but this probably includes such things as changing light bulbs.) Keep the apartment in safe, sanitary condition. Comply with all local housing codes. If the tenant controls the heat, they must keep the heat high enough to prevent freezing of pipes and other equipment. The tenants are required to keep the apartment at least 55° Fahrenheit. Both state law and Madison ordinances state that the tenant is under a duty to keep plumbing, electrical wiring, machinery and equipment furnished with the premises in reasonable working order if the repair can be made at a cost which is minor in relation to the rent. Preventative Tips The following tips are things that you can do that will help protect your rights and document any repair problems which may arise. Get promises to repair in writing with specific dates by which the landlord will complete the repairs. Good communication is vital to the tenant/landlord relationship. If a repair problem occurs, inform your landlord of the situation. If the landlord does not know about it, the problem will not be fixed. Also, if you do not tell the landlord right away, the problem can worsen. Furthermore,a landlord is more receptive to hearing about problems if you are reasonable in your expectations and your attitude toward the situation. Common areas, such as hallways, etc., are the responsibility of the landlord. However, the landlord needs to be informed of any problems (i.e. light bulbs burnt out in the hallways), or else the landlord may not know that repairs need to be made. A tenant is responsible for leaving the apartment in the same condition as it was when they moved in, and can be charged for failing to do so. However, a tenant is not responsible for "normal wear and tear," or deterioration that occurs naturally when the tenant lives in an apartment and takes reasonable care of it. "Normal wear and tear" is defined under Madison law as occasional repainting, re-upholstering furniture, carpet cleaning and other tasks normally performed by the landlord before a new tenant moves in. Steps to Getting Repairs Done Make a list. Before calling the landlord, make a list of the repair problems that need to be fixed. Call the landlord. Call the landlord. Request that the repairs be fixed within a reasonable time limit. The landlord will not fix problems if they are uninformed about the fact that repairs are needed. Keep a log of all calls. Notify the landlord in writing. Follow up with a letter to document the situation. While you make a verbal request that repairs be made, you should also write a letter and keep a copy for yourself. If the landlord does not respond, you will have proof that you requested repairs to be made. Landlord entry to make repairs. This step requires cooperation. The landlord is required to give 24-hours notice before entering rental property in Madison, and 12-hours notice under Wisconsin law. You can agree to let your landlord enter sooner than that to make the repairs more quickly. This is a one-time exception and the landlord still needs to give proper notice the next time. Document all repair problems carefully. Fill in your check-in and check-out forms. Madison General Ordinances require landlords to give these forms to tenants. Tenants have at least 7 days from when they move into an apartment to give the completed check-in form to the landlord. Tenants should keep a copy of the completed check-in form for themselves. Completing the form will help to avoid being charged for damages done by a previous tenant. Use written repair requests to document repair problems. Take pictures or use a video camera when problems are bad. Get a witness (not a roommate or relative) to inspect the apartment, write down all problems, and sign and date the statement. Get copies of building inspection reports. Give landlord reasonable time to make repairs. If your landlord fails to perform the requested repairs within a reasonable time, a second letter should be written. This letter should note the previous repair request and describe the action you will take if repairs are not made by a certain date. Call the building inspector. If the landlord still has not made the necessary repairs, call the Building Inspection Unit. In the City of Madison, you may call 1-(608)-266-4551. Building Inspection can only order repairs if the problems affect your health or safety. Cosmetic repairs (faded paint, stained carpeting) will not be ordered to be repaired by the Building Inspection Unit. What if you cannot reach your landlord? Try to call your landlord and any other maintenance numbers given to you. If you have no numbers, look them up in the phone book. Call the Building Inspection Unit to find out if they have a contact number for the landlord. If you are still having problems, the Rental Issues Coordinator located in the Pioneer Student Center can help you find the proper place to call. Disclaimer No part of this webpage should be regarded as legal advice or considered a replacement for a landlord's or tenant's responsibility to be familiar with the law. If legal assistance is required, the services of a housing attorney should be sought.

Membership Options $20 Month Register Now!

Users Online: 5