Fighting Slumlords

How Landlord Neglect Affects Tenants

© Abby Deliz

Oct 27, 2008

By definition, a slumlord is a landlord who tries to maximize profits by spending the minimal amount of money on property maintenance. Often, slumlords own properties in poor neighborhoods and charge low rent to tenants as a "deal" to lure in tenants who cannot pay high rent or who cannot pass a credit or background check.

Slumlords are sometimes the reason behind declining property values in entire neighborhoods and are generally depicted as greedy people who make a living off poor people’s money with little regard to their state of living.

Examples of Landlord Neglect

Some examples of landlord neglect may include:

• Leaky roof
• Leaky toilet, or toilet that does not flush properly
• Clogged drains in bathtub
• Damp and/or moldy walls
• Cracked or broken steps or driveways
• Missing screens from windows
• Non-functioning garbage disposal
• Cracked ceilings
• Peeling paint
• No hot water
• No working heating system
• Floors or walls in poor condition
• Vermin or insect infestations
• Lack of proper outdoor lighting
• Other code violations

In addition, when total neglect is occurring on a property, the maintenance personnel may rarely appear when called, the rent may be raised for no particular reason, and security deposits are rarely returned.

Fighting the Slumlords

If a landlord fails to make required repairs or standard maintenance, a tenant should do the following:

• Contact a local government agency. In the front of the phone book, there are often listings such as "Fair Housing Authority," "Housing Authority/Rental Assistance," or the "Housing and Community Services Department." These agencies have information on fair housing practices and will lead the tenant through the proper channels to report a claim. If there is a vermin infestation or mold problems, contact the city or county Health Department.

• Use the "repair and deduct" law. Some jurisdictions allow a tenant to give written notice to the landlord regarding a defect in the property. The notice should give the landlord a set amount of time to make the repair. If the allotted time passes with no repair, the tenant may hire a professional, paid out of their own pocket, and then deduct the costs from their rent. Tenants should be aware of cost restrictions in their state.

• The implied warranty of habitability. In some states, there is a law that implies that by leasing a residential property, the landlord is promising that it is suitable to live in and will remain in proper condition. Under this law, if the landlord fails to make repairs, the tenant may simply stop paying rent. If the tenant is sued, they can invoke the implied warranty. This can be tricky, however, and should be used with caution and only if the law exists in the tenant’s home state.

• Band together. For maintenance issues or code violations that affect an entire complex, draft a petition for multiple tenants to sign, and demand a course of action.

• Find a property lawyer. Though lawyers can be expensive, some will work pro bono ("for free") for a good cause.

Investigate State Laws

According to Shelterforce, some states, like Washington, provide relocation assistance for tenants forced out of their homes due to a landlord’s negligence. Under these laws, slumlords are also ordered to make repairs after multiple notices of code violations and are ordered to pay tenants three times their monthly rent when families are forced to move from a condemned premises. Tenants would be wise to find out the intricacies of their own state’s laws before deciding on a course of action.

Poor living conditions can contribute to a cyclical state of poverty for some people. If tenants fight landlord negligence, they can contribute to reinvigorated neighborhoods and increased property values. Slumlords must learn to regard basic human decency and make homes an acceptable place to live for all persons.

Slumlords

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