How to Get Repairs in a Rental

File a Tenant’s Assertion and get a judge to order repairs.

If your landlord does not make repairs, you can file a case called a Tenant’s Assertion in court. Before you start, make sure you are current on rent. The law says you can’t sue for bad conditions unless your rent is paid up and stays paid during the court process. While the case is in progress, you will pay rent to the court.

To start the case, follow these steps:

1. Ask your landlord to do the repair in writing.
2. Wait a reasonable period of time for the landlord to do the repair.
   • What counts as “reasonable” depends on the type of repair needed. For example, raw sewage, like an overflowing toilet, should be fixed immediately. Broken stairs should be fixed within a couple of weeks.
3. If the landlord does not make the repairs, fill out a “Tenant’s Assertion and Complaint”, form #DC-429 (available here). On the form, you can ask the court to:
   • Order repairs completed;
   • Order repairs and return of some (or all) of your rent money for having to put up with bad conditions; or
   • Order your lease ended so you can move out without paying future rent.
4. Within 5 days of the date when your rent is due, pay your rent into escrow with the court.
   • Take your rent payment to court and let the clerk know you would like to pay it into “escrow”. You will need to tell the clerk your case number. Bring a copy of the “Tenant’s Assertion and Complaint” with you.
5. You should file the petition in the General District Court for the county or city where the property is located.
6. Before the hearing date you should get together your list of problems, pictures of the problems, a copy of your notice to the landlords, a copy of your lease, and your rent receipts. You can ask the landlord for a copy of your tenant ledger for an itemized record of paid rent.
7. On your court date, arrive early and let the clerk or deputy in the court room know you are there. The judge will hear from both sides. You can ask the landlord questions and the landlord can ask you questions. The judge will decide who wins and can either order the landlord to make repairs, order the landlord to return some or all of your rent money, or end the lease early. The judge will only end the lease early if you asked them to when you filled out the paperwork.

Hire a certified contractor to do the repairs and deduct the cost from the rent.

If your landlord fails to make a repair that affects your health and safety, you can hire a licensed contractor to do it. Then you can legally reduce your rent by the amount you paid for the repairs. Follow these steps:

1. Give your landlord written notice explaining what repairs are needed.
2. Give your landlord 14 days to start the repairs and reasonable access to your home to do them.
3. If your landlord does not start repairs within 14 days, you can hire a licensed contractor to do the repairs.
4. Give your landlord a detailed list of the repairs completed and a receipt.
5. Then you can subtract up to $1,500 or one month’s rent, whichever is higher, from your next rent payment. You can still subtract the value of the repair if the repair was donated or paid for by a faith group, charity, nonprofit, or a government agency.

• You can only deduct a repair from your rent if it was done by a licensed contractor.
• You cannot deduct repair costs from your rent if you, another occupant, or your guest caused the damage.