Emergency Repairs: What Qualifies and What to Do

An emergency repair is a problem that threatens your health or safety right away or will quickly damage the building: a gas leak, no heat in cold weather, no running water, a sewage backup, active flooding, a loss of power, or an exterior door that will not lock. Deal with the danger first: for fire, smoke, or a gas smell, leave and call 911 or the gas company from outside, and for a burst pipe, shut off the water only if you can reach the valve from a dry area away from wet electrical equipment. Then call your landlord's emergency number and follow up in writing. Some states set short deadlines for these problems; Washington requires the landlord to start repairs within 24 hours of written notice when you lose heat, water, or electricity.

What counts as an emergency repair?

Electrical sparks can ignite leaking gas, Ready.gov warns, so do not switch lights or appliances on or off while you leave.

How to reach the landlord after hours

After any call to 911 or the gas company, take these steps:

1. Call the landlord's emergency number. Texas Property Code section 92.020 requires every landlord to give tenants a phone number for reporting emergencies; a landlord with an on-site management or superintendent's office must provide a number answered 24 hours a day and post it outside that office. California requires the rental agreement to list the name, address, and phone number of the authorized manager. If no one answers, leave a message, then text or email so the time is on record.
2. Follow up in writing the same day. Washington's deadlines run from the landlord's receipt of written notice, and Texas measures the repair period from when the landlord receives your notice. Our guide to reporting maintenance issues has wording you can use.
3. Call your city or county code enforcement office if the landlord does not act. In Texas, you can use repair and deduct (paying for a repair and subtracting the cost from rent) for inadequate heat or cooling, or for any problem other than sewage, flooding, or a total loss of water, only after a local official notifies the landlord in writing that the condition affects health or safety.

How fast does the landlord have to fix it?

For deadlines on problems that are not emergencies, see how long your landlord has to make repairs.

Can the landlord come in without notice?

Yes, in a real emergency. Arizona, California, Florida, and Washington all let a landlord enter without notice or consent in an emergency, such as a leak coming from your unit into the one below. Outside emergencies, the rules differ:

• Arizona: generally at least 2 days' notice, but your written maintenance request authorizes entry at reasonable times for that requested work and waives separate access notice.
• California: reasonable advance written notice, usually 24 hours, with entry during normal business hours.
• Florida: for repairs, at least 24 hours' notice and entry between 7:30 a.m. and 8 p.m., though the landlord may enter at any time to protect or preserve the property.
• Washington: at least 2 days' written notice, with entry at reasonable times.

You also have to let the repair happen. In Washington, a tenant who unreasonably refuses access for repairs loses the landlord's repair duty and the tenant's remedies for that problem, and Florida bars tenants from unreasonably withholding consent to enter for repairs. See privacy rights and landlord entry.

When can you arrange the repair yourself?

Start with what you can safely do, such as closing a water valve. Hiring a repair company and charging the landlord is a separate step with its own rules:

• Ask first. Texas and Washington both allow you and the landlord to agree that you will arrange a repair at the landlord's expense. Get that agreement in a text or email.
• Texas: you must be current on rent when giving each required notice. Notify the landlord where you normally pay rent, then send a second written notice after a reasonable repair period unless the first notice went by certified mail with return receipt requested, registered mail, or other mail with USPS or private delivery tracking. The landlord must have had a reasonable time after each required notice and failed to make a diligent repair effort. At least one notice must state your intent to repair and describe the work. Once these requirements are met, you can hire an independent contractor, licensed where the city requires it, and deduct the cost. Total repairs and deductions in any one month cannot exceed one month's rent or $500, whichever is greater. You cannot contract for labor or materials above the amount you may deduct under this remedy. A sewage backup or indoor flooding needs no extra wait after the notice of intent, but the notice sequence, reasonable repair time, and lack of diligent repair efforts still apply. For a total loss of water the landlord agreed to supply, or inadequate heat or cooling with an official's written notice, the landlord must also have failed to fix it within 3 days after delivery of your notice of intent. Give the landlord a copy of the bill and receipt with the rest of the rent.
• Arizona: under ARS 33-1364, if the landlord deliberately or negligently fails to supply running water, gas or electric service, reasonable hot water, or heat or cooling where installed, you can give reasonable notice and then buy reasonable amounts of water, heat, or other essential services and deduct the actual cost from rent. You can instead recover damages for the lost rental value, or move to reasonable substitute housing and owe no rent for that period. These rights do not apply if you, your family, or a guest caused the problem.
• California: repair and deduct covers serious health and safety defects you did not cause, such as no hot running water or a gas leak, after you give the landlord a reasonable time to fix them. The cost cannot exceed one month's rent, and you can use the remedy no more than twice in 12 months. If a court later finds the defect was not serious enough, you can owe the deducted rent or face an eviction case.

Whichever route you use, keep photos, receipts, and copies of every notice.