:::When to call your landlord:::

When to call your landlord

A fire or flooded apartment may be obvious call-worthy emergencies, but what about the stuff that doesn't set off alarms? Here's help deciding whether and when to call your landlord in 14 different scenarios.

By Leah L. Culler of MSN Real Estate

One of the biggest advantages to being a renter is that you don't have to deal with many of the hassles that come with homeownership, such as ongoing maintenance and major repairs. If your heater breaks, you call the landlord. If your roof is caving in, you call the landlord.
But when less obvious issues arise, it can be tough to know whether you should call for help or handle things yourself. You don't want to whine about every little thing or pester a busy landlord who may have dozens of tenants. On the other hand, you could be violating your lease by not calling.

Here are some common scenarios that leave many tenants wondering. We'll tell you whether you should call, when to call and why you should call.
Scenario No. 1: You wake up at 3 a.m. to a water leak that has soaked your entire apartment.


"One of the reasons you (need to call) is because you actually have a duty to make sure that things don't get worse," says attorney Janet Portman, author of "Every Tenant's Legal Guide."

The landlord will likely be more familiar with the property than you. He may know where the water main is, how to turn it off and where the leak may be coming from.

"If you think it's rude to call in the middle of the night, you've deprived yourself of knowledge that could have lessened the damage," Portman says.


"Fire, flood or blood, as we say," says Robert Griswold, a longtime property manager who wrote "Property Management for Dummies."
Scenario No. 2: Your smoke detector doesn't seem to be working.

Before calling your landlord, make sure that the batteries in the detector aren't dead and that the detector is attached correctly to the wall or ceiling. Once you're sure it's not an issue you can easily correct, contact your landlord.

In most states, landlords are required to provide working smoke detectors. The landlord should bring a new detector over or ask you to replace it and reimburse you.

Griswold says not to delay in contacting your landlord when your detector's not working. "There have been so many cases where people have died," he says.


Scenario No. 3: You want to install new shelving and paint the kitchen wall.

You should definitely get permission before making any improvements or alterations in your rental. If the change you want to make will improve the unit or increase its value, your landlord may even be willing to pitch in with money or labor. But in some cases, a landlord can hold onto your safety deposit to undo your "improvements" if you failed to ask permission.
Scenario No. 4: You see a rat in your kitchen.

Call your landlord. How soon to call depends on how threatened you and your family feel.

"If you have kids around, for instance, that rat needs to be dealt with right away," says Bill Deegan, executive director of the American Tenants Association. "They can bite."

If the rodent has scurried back into its hiding place under a cabinet and you feel safe enough in your bedroom upstairs with the door closed, you can put off that call until a reasonable hour. Do call your landlord the very next day, however, even if it's a weekend.

"It's certainly a serious matter in terms of health and safety," Portman says.
And while a landlord is usually the one responsible for calling in a pest-control company and eliminating a pest problem, tenants are sometimes the cause of the problem and won't be off the hook.

"If your terrible housekeeping has invited the ants in, for example … they can charge you for that service," Portman says.

Scenario No. 5: You fall down the stairs and break your leg.

First, ask yourself why you fell. Are these stairs dangerous or did you just have too many martinis?

If you're at fault, take care of it yourself. See a doctor, and be more careful.

But if your home has wobbly, rotting or uneven stairs, your landlord is likely at fault. It doesn't matter whether you knew the stairs were dangerous. You may have mentioned your concern the day you moved in and your landlord said he didn't have the money to fix the problem. His inability to pay for new stairs does not excuse him of his responsibility to provide a safe and habitable residence.


Let your landlord know what happened, but begin to document your case immediately. See a doctor. Keep a pain log. Take pictures of the premises where you were injured.

What about a lawyer? That's always an option to bear in mind, if your landlord is being uncooperative. But Deegan, Griswold and Portman all agree that it's best to resolve the situation without attorneys. Many leases have a mediation clause that will give you guidance on how to handle disputes. By staying out of court, you'll save money and, hopefully, retain a friendlier relationship with your landlord.


Scenario No. 6: You find mold in your apartment.

Call your landlord, but wait until normal weekday business hours. Most visible household mold, particularly in the bathroom, is the result of poor housekeeping and is harmless.

"The only stuff you need to worry about is usually stuff you can't even see: soaked drywall, subfloors, the back of your closet," Portman says.


That said, the mere mention of mold will probably bring your landlord over to take a look, as some mold can be a serious health threat. And if it's anything other than a little mold in the shower, it's possible that there is a pipe or drainage leak somewhere.


"Every landlord who is concerned about maintenance is going to want to know about that," Portman says. "That's got to be dealt with."
But that mold in the shower is something you can take care of yourself. Make sure your bathroom is getting enough air circulation and be more diligent in your cleaning.


"You need to be involved in prevention," Griswold says.


Scenario No. 7: You're concerned about an increase in break-ins in your neighborhood.


Call your landlord, but do so during normal business hours. He may have some ideas for how to avoid crime at your place. Document your request, making a note of when you contacted your landlord and why, as well as his response.



There are probably some simple, inexpensive steps you and your landlord can take together. You can upgrade locks, add locks to windows, install better lighting and trim the landscaping to eliminate hiding places.



"If he refuses to cooperate, and later there is a break-in or assault and the lock was flimsy, you have a good case against the landlord for whatever has happened to you," Portman says.



If you live in a large apartment complex and the crime is specific to your building, it is the responsibility of the landlord to make sure the grounds are secure.



If your landlord is responsible for a number of units in your area, he may want to help coordinate some neighborhood activism, Griswold says, but adds that the landlord is not ultimately responsible for your personal safety. You can get involved in or organize a neighborhood watch group to help keep the area safer. You also can call the police. Many departments are willing to send an officer to a community to talk about the current crime level and ways to help you feel safer.


Scenario No. 8: You're having a friend come stay for a few days … or a few weeks.

There's no need to let your landlord know if someone is staying only a few days.


"It's none of their business," Griswold says. "The landlord doesn't need to know who you're visiting with or dating or what your social life is."

But at some point, that guest becomes an occupant. Your lease agreement likely specifies how much time a guest is allowed to stay with you and continue to be a guest. Any longer than that set amount of time — often two weeks — and you should make your landlord aware of the situation. A friend who comes to crash for the weekend and ends up staying three months has become a resident and needs to be screened by your landlord and added to the lease.

Scenario No. 9: You're thinking about getting a dog.

If your lease says "no pets," you already know the answer. Likewise, if your lease says that your unit allows pets and there is no clause about landlord approval, head over to the local shelter and pick out a new best friend. Make sure you are aware of any size and breed restrictions, and stay within those rules. The only time you need to check with your landlord is if your lease says pets are allowed only with landlord consent. Keep in mind that many landlords will charge a pet deposit or pet rent.

Of course, there's no harm in asking your landlord whether she would be willing to make an exception to her "no pets" rule. Griswold acknowledges that some landlords and property managers have been more lenient because of the economy, and would rather keep a quality tenant who they believe would be a responsible pet owner.

Scenario No. 10: You (or your partner) are about to have a baby.

You don't need to notify your landlord.
"The reason is that the baby is not like your friend from college who has come to town and is crashing with you," Portman says.

Having a baby does not mean there is another person on your lease. Portman says she doesn't think any state's occupancy rules would treat that newborn as an additional occupant who would justify imposing an occupancy limit.

So, in general, you need to call your landlord only if you want him to give you a baby gift.

Scenario No. 11: Your neighbors (who have the same landlord) are noisy until the wee hours.

You should definitely call your landlord, but not during those wee hours.

This is assuming that you have already talked to your neighbors and asked them to quiet down. If they're making it impossible for you to sleep, the proper response from your landlord is to insist that they knock it off. And if they don't, she should evict them.
"They've made it impossible for you to quietly enjoy your rental," Portman says.
Griswold suggests that you also contact the police if there is a continuing problem with noise. Your area likely has a noise ordinance and the police will be able to document any violation, which may help your landlord when it comes time to evict.


Scenario No. 12: You suspect your neighbors (who have the same landlord) are doing something illegal.

Your response depends on what illegal activity you suspect. If you think your neighbors are dealing drugs, definitely contact your landlord, who will then call the police. If your neighbors come home with a van full of what you believe to be stolen goods, you can call the police first (since they might be able to come quickly and catch them in the act), but be sure to also notify your landlord.


Griswold urges tenants to be careful in any situation involving illegal activity and always keep your own personal safety in mind. Don't approach your neighbors and accuse them of a crime.



Scenario No. 13: You learn the home you are living in is in foreclosure.

Yes, go ahead and call your landlord to verify that the home is in foreclosure. The most important thing, Portman says, is to make sure you keep paying rent. Under federal legislation, your lease will survive the foreclosure, but make sure you know whom you should be paying. If you get behind on rent, you will lose that lease protection. If you are notified of the foreclosure by a bank, contact the bank to see who should be getting your rent check. Beyond that, laws vary, and Portman is reluctant to give any advice other than to find out what your local laws say about the situation.


Scenario No. 14: Your roommate won't do the dishes — or pay the rent.

In most cases, there's nothing your landlord can do, so don't bug him.
"He has no power to force your roommate to pay his share of the rent or stop being a slob," Portman says.

Your landlord is not there to play mediator. And so long as each of you is named on the lease, you're both independently liable to the landlord for all of the rent. Unfortunately, you have no ability to kick a roommate out if he’s not paying rent or won't do his chores.
In "Every Tenant's Legal Guide," Portman advises renters to screen roommates carefully and to put all the ground rules in writing. If you end up in court for a roommate dispute, the judge can't force anyone to do the dishes, but he can enforce any financial agreements.

Know your landlord and your lease

Many of the above scenarios highlight the importance of understanding what's included in your lease before you sign. While maintenance is most commonly the landlord's responsibility, for example, you should definitely double-check the agreement to verify what you might be on the hook for.

"One thing the tenant should look for before they go sign the lease is whose responsibility it is if the stove goes out and that kind of thing," Deegan says.

And before you ever move into a rental unit, you should get to know your landlord and his communication style. It's part of the "dance" you do when you look at a place and negotiate rent, Portman says.

Ask questions like, "Are you a hands-on landlord?" and, "Is there someone I should call instead?"

Find out whether your landlord uses a management company. Determine whether he prefers that you call or e-mail when you need something that's not an emergency (or maybe he'd rather you text him or post a message on his Facebook wall).

"Make it clear that you intend to be a responsible tenant," Portman says. "Any landlord who is responsible is going to let you know what the channels of communication are."