Understanding Essential Services: How to Notify Landlord About Failure

If the landlord fails to supply essential services, the landlord should be contacted immediately in writing. Essential services include heat, running water, hot water, electricity, gas, and plumbing.

How should the landlord be contacted?

To protect yourself in case your landlord decides to attempt legal action, a tenant needs to follow the proper procedures before taking action.

The written notice to the landlord needs to be sent the right way and state what essential services are lacking. Written notice may be sent through certified mail, mail, personal delivery, email, or text.

What options does a tenant have after sending written notice?

• Substitute Service: A tenant may pay to get the utility service and deduct the cost from the next rent payment. If the utility service cost exceeds more than one rent payment, then the tenant may deduct the cost of services from multiple months of rent payments.
• Substitute Housing: If conditions force a tenant to find substitute housing (e.g., hotel, motel, or AirBnb), the tenant is excused from paying rent for as long as the lack of essential services exists. Also, the tenant may recover the cost of substitute housing and reasonable attorney's fees from the landlord in a lawsuit as long as it does not exceed the monthly rent. Consult an attorney prior to exercising this remedy. The RLTO does not entitle the tenant to deduct the cost of substitute housing from future rent, and the law requires the tenant to mitigate damages, meaning to keep the cost as low as possible.
• Sue the Landlord: Recover damages based on the reduced value of the rental property and reasonable attorney's fees.
• Terminate the lease: If the problem is not corrected with 7 days after the receipt of the written notice, a tenant may legally terminate the lease. Once this is done, the tenant must move out.

The written notice to the landlord is essential as it serves as proof that the tenant informed them of the problem. This notice also allows a tenant to use their rights to legal remedies.

Note: The tenant may not exercise these rights if the condition was caused by the utility supplier or the tenant, tenant's family, or tenant's guest.