Landlord fails to fix leak in apartment, tenants seek advice for next steps

Q: My son and his wife live in an apartment complex in Orlando. He’s been a resident there for over 10 years and has always been a good tenant. The ownership has changed several times. The new management is refusing to make necessary repairs to the aging buildings. They have reported a leak from the ceiling into the master bedroom several times during the last two years. The leak has grown and is now showing signs of mold growth. Sometimes, a maintenance technician will respond, but the situation is not addressed or resolved.

From speaking with neighbors he has learned that this is not an isolated incident. Apparently, some residents are experiencing other problems including rats and bug infestations. The management is not attempting to fix any of these problems.

My son and his wife do not have the money to move, but they would like to know what options they have. Thank you.

A: It sounds as though the apartment building is becoming infested with mold, bugs, rats and who knows what else. That’s a prescription for being uninhabitable.

I understand that your son and his wife think that they don’t have the money to find a new apartment and move. But if their health is in danger, they won’t be able to stay and shouldn’t continue to live there.

Landlords must adhere to the basic requirements of offering habitable housing. Every city and state have minimum requirements all landlords must meet. In Illinois, for example, the landlord must keep the rental unit fit to live in, make all necessary repairs, and keep the rental unit in compliance with state and local health and housing codes. The landlord may also determine how much rent and security deposit to require, may charge a reasonable fee if you pay your rent late, and may make reasonable rules and regulations, such as whether pets are allowed and how much they can weigh.

Beyond state landlord/tenant laws, cities may add their own specific landlord/tenant laws. For example, the Illinois State landlord/tenant laws, Chicago’s Residential Landlord Tenant Ordinance, provides that landlords give tenants 30 days of notice to terminate a month-to-month tenancy, decline to renew your lease or raise your rent if you have lived in your apartment for less than six months. If you’ve lived in your apartment for more than six months but less than three years, they must give you 60 days of notice. And, they must give you 120 days of notice if you’ve lived in your apartment for more than three years.

However, if you live in an owner-occupied building with six or fewer units, a hotel or rooming house where you pay monthly or employee housing, or rent a room in an owner-occupied co-op or condo, the landlord is exempt from these requirements.

So, in your son’s situation, you’ll need to figure out what his rights are under the lease he signed for the apartment. He should also determine what his rights are under Florida state law and under the Orange County government’s Office of Tenant Services.

Your son may be able to reach out to the local building inspector to see if the municipality has any active housing complaints against the landlord. If not, he may want to file a report for the issues he and his family are facing in the apartment. Still, many local code enforcement offices are overwhelmed by complaints and they can’t or don’t follow up on each case. But it’s likely worth the time and effort to file a complaint and be the squeaky wheel.

It’s possible that if your son files the complaint, the landlord will make repairs to the building. That may improve the situation for your son and his family. But if the landlord doesn’t fix the issues, your son and his family may need to prepare to move to healthier quarters.

We understand how expensive moving can be and how much time it can take. But if friends and relatives pitch in, that can help defray costs. Your son and his family may also be able to apply for local assistance.

Obviously, we don’t know all of the particulars of your son’s situation and why you think he can’t move. Some areas are acutely short of housing, and particularly affordable housing. If that’s the case, there may not be anywhere for your son to move that he can afford.

So, take it one step at a time. The first step is to continue to push the landlord to make necessary repairs. Next, file a complaint with the local government building department. Third, your son may qualify for the help from a local housing advocate office to help push the landlord to take action. Finally, if the property is truly uninhabitable, meaning it is infested or has a mold issue and no one should live there, your son should look for a place to move that is safer for his family.

For more information and specifics for your area, we’d suggest you talk to a tenant advocacy not-for-profit in your area or a real estate attorney.

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(Ilyce Glink is the author of “100 Questions Every First-Time Home Buyer Should Ask” (4th Edition). She is also the CEO of Best Money Moves, a financial wellness technology company. Samuel J. Tamkin is a Chicago-based real estate attorney. Contact Ilyce and Sam through her website, ThinkGlink.com.)