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Law requires landlords
to make repairs

Question: My landlord has not fixed my washer and dryer for three years. I have to turn my cold water on from underneath. My husband had to put duct tape on the window. I wrote a letter telling my landlord about the things that need to be fixed. He responded by saying I had until the end of the month to move out. If not, he'd tack on attorney fees and whatnot. What rights do tenants have under the Landlord-Tenant Code?

Answer: Landlord-tenant information is readily available at the state Department of Commerce and Consumer Affairs' Office of Consumer Protection.

Call the Residential Landlord-Tenant line and speak to someone at 586-2634 from 8 a.m. to noon, Mondays through Fridays; go online at www.hawaii.gov/dcca/ocp/ landlord.html; or call 587-1234 to hear recorded messages on various landlord-tenant issues.

The Landlord-Tenant Code says a landlord is, among other things, obligated to: provide safe and healthy premises as required by law; make all repairs necessary to keep the premises in a livable condition; maintain all electrical, plumbing and other facilities in good working condition; and provide and maintain garbage bins and arrange for frequent removal of waste materials except in the case of a single-family residence.

The code also requires both landlord and tenant "to comply with all applicable building and housing laws affecting health and safety." To this end, they "may agree that the tenant will perform certain minor repairs, minor remodeling, or maintenance tasks."

Under "Tenant's Remedy for Repair," the tenant is advised to notify the landlord with a written list of things that need repairing.

The landlord must start making the requested repairs within 12 business days after receiving the written notice -- unless there are reasons for delays beyond the landlord's control -- and must try to have the repairs completed as soon as possible.

If the landlord does not do the required repairs, the tenant may make repairs and deduct up to $500 from the following month's rent for the cost of repairs. If the tenant makes the repairs or has them made, the tenant must give the landlord copies of all receipts.

The Landlord-Tenant Code also prohibits retaliatory evictions and rent increases.

But the landlord is given some protection, such as if a tenant is committing waste, is a nuisance, is using the dwelling illegally or violating the rental agreement; if a landlord or family members want to immediately occupy the dwelling; if a landlord wants to remodel or demolish the unit; if a landlord has contracted to sell the property; if a tenant's complaint regarding health issues does not violate health laws or if the complaint concerns a defect caused by the tenant.

Q: A neighbor in Kailua has a big tree overgrowing on his lot, plus three cars in his yard and a lot of other junk. Who can we call?

A: Call the city complaint line at 523-4381 or Housing Code Section at 527-6308.

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