Landlord never fixed the window lock... (apartment, lease, tenant, legal)

[ylee]

It's been almost a month since I moved in the apartment. The unit was on the first floor and I noticed two of the windows does not lock when we had the move-in walk through... The property manager told me they will have them fixed soon. I've waited for almost a month and whenever I called them, they told me they have other properties with more urgent issues so they won't have someone to fix it right away!!!

What can I do to make them fix the window? Should I report to housing department? Or can I break the lease as this violates inhabitability?

[Galaxie Girl]

Have you given written notice to them that they are broken? Provide written notice and keep a copy, and tell them if it is not addressed in a reasonable time, you will be forced to take further actions. Read the CA landlord tenant law (google it) to see what your legal options are. You can also contact a tenant advocate to see what your options are.

In the meantime, for your safety, can you just put a stick or something in the window rail to prevent the window from being opened?

[CarlitosBala]

Send a certified letter, put in the request and give them reasonable time to fix it. If you call, email, txt msg, or hit them up on facebook, they will just ignore you. A certified letter will tell them that you mean business.

[Squirl]

Have you gone to the hardware store and looked at the brackets they sell that you merely screw in the window track? They cost about $3 each. Go take a photo and send it to your LL and ask if you might buy them and deduct cost from the rent. I'd buy them anyway if I lived there and ask after the fact.

[STT Resident]

Originally Posted by Squirl

Have you gone to the hardware store and looked at the brackets they sell that you merely screw in the window track? They cost about $3 each. Go take a photo and send it to your LL and ask if you might buy them and deduct cost from the rent. I'd buy them anyway if I lived there and ask after the fact.

An excellent suggestion. I do lots of little similar things around my place and don't even bother my landlords with them and don't ask for petty refunds. My thanks from them is no rent increases.

[momtothree]

This is not anything that can be used to break a lease or be reported to Housing. You can even just get a wood dowel and block the window from opening along with what the other posters suggested in this thread. I do this regardless if the windows lock or not for additional security.

[CptnRn]

Originally Posted by momtothree

This is not anything that can be used to break a lease or be reported to Housing. You can even just get a wood dowel and block the window from opening along with what the other posters suggested in this thread. I do this regardless if the windows lock or not for additional security.

That is not true in my state, the lack of a functional window latch is grounds to sue the landlord to force compliance and damages and or break the lease. Austin Tenants’ Council/Locks and Other Security Devices

The OP should check what her state laws say about it. The right to feel safe and secure in your habitation is a basic right in many states.

[momtothree]

Originally Posted by CptnRn

That is not true in my state, the lack of a functional window latch is grounds to sue the landlord to force compliance and damages and or break the lease. Austin Tenants’ Council/Locks and Other Security Devices

I learn something every day. I could have broken quite a few leases then.

[NoMoreSnowForMe]

Originally Posted by ylee

It's been almost a month since I moved in the apartment. The unit was on the first floor and I noticed two of the windows does not lock when we had the move-in walk through... The property manager told me they will have them fixed soon. I've waited for almost a month and whenever I called them, they told me they have other properties with more urgent issues so they won't have someone to fix it right away!!!

What can I do to make them fix the window? Should I report to housing department? Or can I break the lease as this violates inhabitability?

Windows that don't lock are considered to make the place uninhabitable in CA:

California Tenants - California Department of Consumer Affairs

This page says 30 days is reasonable time frame to fix problems, unless they're severe. But, it also says you can use the repair and deduct remedy.

California Tenants - California Department of Consumer Affairs

If it was me, I'd fix them or pay someone to fix them, save the receipt and turn it in with rent less the cost to fix it. Include a letter with rent payment:

Dear Landlord,

According to CA landlord/tenant law, windows that do not lock make a unit uninhabitable. As I have requested that this be remedied repeatedly over a month's time, I am choosing to use the repair and deduct remedy which is allowed by CA law.

Please find enclosed the receipt to put locks on my windows in the amount of $______________. I have deducted this amount from my rent.

I am also enclosing printouts of the law from the CA Department of Consumer Repairs for your reference (print out the above links and include with the letter and receipt).

Sincerely,

You

Technically, you could break the lease and move, but that seems a bit extreme for window locks.

[reenzz]

I seriously doubt that a broken window latch rises to the level of uninhabitibility.