Every time a tenant notifies a landlord of a repair need, the tenant should take the steps set out below in order to document that the landlord was notified. Documentation of this notice protects the tenant against the possibility that the landlord will deny ever being notified and thus attempt to shift the blame to the tenant. The tenant should:

1. Make a detailed list of the repairs that the tenant has verbally told the landlord about and add any other problems that the tenant may have forgotten to mention at the time the tenant spoke with the landlord;

2. Send the list to the landlord along with a letter requesting the repairs be made (the letter should include a reasonable deadline on how long the tenant will wait for the re­pairs);

3. The tenant should keep a copy of this letter with the list of needed repairs; and then

4. Send the original letter with the list of needed repairs by certified mail return receipt requested (this is evidence it was mailed to the landlord and actually received by the landlord); and also

5. Send a copy of the same letter with a copy of the list by regular first class mail (in case the landlord never signs for the certified mail);  then, 

6. when the return receipt green card comes back, the tenant should staple it to his or her copy of the letter and list.

Now the tenant has documentation showing the landlord was notified and will not need to rely on “he said/she said” kind of evidence. 

Even if the tenant did not put a deadline in the letter, the tenant should wait a reasonable time to see if the repairs are made.

How long is a reasonable time should be based on the type of problem that needs to be repaired. 

Remember, not everything is an emergency, so be reasonable on the amount of time being demanded. 

This written notice will prompt some landlords to make the repairs, but not all will do the right thing. 

If the landlord fails to make the repairs by the deadline, the tenant can pursue the other steps to enforce the tenant’s rights to live in a rental property that is in a decent, safe, and sanitary condition. 

The law gives a tenant several ways to assert their right to force the landlord to repair defective conditions in the rental property. 

The steps include calling in the building or health inspector, repair and deduct, escrowing rent, and taking legal action.

Stay tuned for more in next week’s column.  

In the meantime, remember: Protect yourself and your family. Know your responsibilities as well as your rights and how to assert them when you need to.

Legal Notes is based on general law and is not intended as individualized advice. If you have a legal problem, contact a licensed attorney to discuss how the law affects your particular legal problem and facts.

South Jersey Legal Services offers free legal services to income-eligible residents and senior citizens in the seven southern counties: Cumberland, Salem, Gloucester, Camden, Burlington, Atlantic & Cape May. For assistance, call the centralized intake unit at 1-800-496-4570.