Walk It Through: No Water In July
A broken air conditioner, a complaint, a rent increase and a shut off.
July. The air conditioning dies, and the landlord does not answer.
Two things a person in this spot might do. Picking one shows what the law says about it.
One summer in one rental. Repair and deduct for minor defects, conditions the tenant caused, and how a court decides retaliation when the presumption is rebutted are not set out here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- LockoutA landlord's unlawful removal or exclusion of a tenant, or willful interruption of electric, gas, water or another essential service. The tenant may recover possession or terminate, and either way recover up to two months' periodic rent or twice the actual damages, whichever is greater.
- Security depositSecurity, however it is named and including prepaid rent, which a landlord may not demand or receive worth more than one and one-half month's rent.
- Writ of restitutionThe court's order putting a party back in possession. For a material and irreparable breach, the court orders restitution not less than twelve nor more than twenty-four hours after finding it.
- Fit and habitableThe condition a landlord makes all repairs to keep the premises in, including running water, reasonable hot water, and reasonable heat and air-conditioning or cooling where installed and offered.
- Repair and deductA remedy for a defect whose reasonable cost is less than $300 or one-half of the monthly rent, whichever is greater: written notice, and if the landlord does not comply within ten days, a licensed contractor's work deducted from the rent.
- Substitute housingReasonable housing a tenant may procure when the landlord deliberately or negligently fails to supply essential services, owing no rent for the period.
- RetaliationRaising rent, decreasing services, or bringing or threatening an action for possession because a tenant complained to a code agency or to the landlord, or organized or joined a tenants' union.
- Special detainerThe action a landlord files to end a rental agreement after a five day notice of unpaid rent goes unpaid. The summons names a trial date not more than six nor less than three days away.