Rental Records

Keep good records. Lack of knowledge regarding leases or other rental agreements can cause a variety of problems. The most frustrating problems occur when tenants cannot document their grievances such as rental repair requests, security deposit disputes, and other important issues. To prevent this, start a rental file as soon as you sign the lease and add to it during the term of the lease. If a rental problem arises, write or type details of the situation and file with other rental documents. Use a Communications Log to for documenting your correspondence with property management. It is easier to negotiate a solution when there are written records that show the extent of the problem, what you asked the landlord to do about it, and how the landlord responded.
 

Reporting Problems

Generally, the tenant is expected to keep the living space in a safe and sanitary condition and to promptly notify the property owner of maintenance problems. The landlord is expected to maintain essential services: water, plumbing, heat, electric appliances, lighting, outlets, locks and windows. Leaks or other problems make the apartment unsafe or unsanitary. Repairs to any of these essential services should be made immediately by your landlord or the appointed maintenance staff. Gas leaks, electrical outages, or phone or cable problems should be reported directly to the utility that provides the service.

When signing a lease, ask about the maintenance procedure and how to make a request for something to be repaired. Request day and evening numbers to call for maintenance emergencies.

The tenant and the landlord share responsibilities for maintenance of the apartment or rental unit as agreed to in the lease. When something does go wrong, here are the appropriate steps for dealing with the property manager or landlord:

• The first step is to communicate the problem to the landlord politely. Keep a note of the date on which you first reported the problem. Ask the landlord or property manager to give you a date when you can expect the repair to be completed.
• If talking to your landlord proves unsuccessful, write a short courteous letter with a reminder of your prior conversation, letting him/her know that the problem has not been fixed. Ask to have the repair completed by a certain date, allowing a reasonable amount of time. Minor repairs may take a week to a month while repairs of essential services that make day-to-day living unsanitary or unsafe should be fixed immediately. Send your letter via certified mail; return receipt requested if your landlord is not located on the property. Save the receipt.
• Before pursuing more serious options, consider sending one final letter. The letter should contain the dates and a summary of previous actions. Repeat your description of the problem and specify a deadline for repair. Indicate that you know your rights as a tenant and will not hesitate to take further action. Again, send the letter via certified mail and save the receipt.

If the landlord repeatedly refuses to maintain the property or to make necessary repairs after being notified, the tenant has several options:

• The tenant can file a complaint with the Louisiana Attorney General’s Office, Consumer Protection Section. The toll-free number is 800/351-4889.
• If there is a structural or hazardous defect, the tenant can complain to the local building officials.
• If a serious problem is ignored, then the tenant may terminate the lease.
• Terminating the lease requires substantial proof of the landlord’s failure to perform his/her obligations. Terminating a lease without sufficient cause will result in serious financial and legal consequences. Therefore, the tenant should seek legal advice before terminating the lease due to improper maintenance.
• Louisiana law allows tenants to pay for “necessary” repairs and to deduct the repair cost from the rent due or demand immediate reimbursement from the landlord. In order to deduct repair costs, tenants must be able to prove each of the following:
• The repairs were necessary.
• The landlord failed to act within a reasonable time after being notified.
• The price paid was reasonable.

The tenant should keep copies of estimates, letters, receipts, and other documents which support his/her case.

Source: Louisiana Attorney General’s Office

Making Improvements to the Property

There are laws governing the retention of improvements made to rental property. At the termination of the lease, absent a contrary agreement, improvements, attachments, or additions made by the tenant to the property are dealt with as follows.

• The tenant may remove his/her improvements if he/she restores the property to its former condition.
• If the tenant fails to remove the improvements, then:
  • The landlord may pay the tenant for the cost of the improvements or for the enhanced value of the leased thing, whichever is less.
  • The landlord may demand that the tenant remove the improvements within a reasonable time and restore the property to its original condition.

If the tenant fails to remove the improvements, then the landlord may:

• Remove the improvements and restore the property to its former condition at the expense of the tenant.
• Acquire the improvements without obligation to reimburse the tenant.

Source: Louisiana Attorney General’s Office

NOTE:  Please be sure to check our Resources section for much more information, including additional worksheets and checklists.