Who’s fault is it? Landlord or Tenant?

By sandra

I am a renter off campus near my school, we have a one year lease for our house.  Since I moved in I have had an on going problem with my roof leaking, and the landlord’s so called “repairs” not holding up.  It has gotten to the point where my mattress has suffered enough water damage to need replacing, am I within my rights as a renter to subtract this cost from my rent as the damage is due to the landlord’s neglect to properly repair the roof for the past 8 months??

Edited on: Thursday, February 14th, 2013 11:44 pm

3 Responses to “Who’s fault is it? Landlord or Tenant?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)


February 26th, 2010 2:08 am

Since the apartment leak is damaging your belongings, I would tell you to file a claim with your insurance company.  However, since the apartment roof leak is recurring I would think that your landlord be responsible for some of the cost.  The law won’t say much about this– so its one of those subjects that may require additional help.  You can probably file an RPA Complaint, and that would do.  Probably not worth hiring an attorney, though.

Becky Starr

May 15th, 2011 10:43 pm

I have 24 pages of updates to the landloard & Rental company owned by liscenced realtors. They have violated 3-6 laws of health , safety & welfare laws..I have had 4 lung infections..i found an a/c register under ceiling plastic grates which was covered in ‘tennis ball looking thick 1-1`2 inch grey fuzz that i have been breating&never HAVE have had 4 deabiliting lung problems for 2 straight years in my life! A previous tenant also had same with her son……I cleaned the ceiling grates covering the ‘smoking gun” a/c register which> like the garage had not been cleaned in 4-6 YEARS.I have been breathing it…besides that the garage which pulls a/c vents is FILTHY& not cleaned in 4 years. i have pictures detailing each infraction in which all three Never responded…., plus 1master ,2 GBR bedroom windows that in 2 years are not able to open in case of fire or to get a breeze + come crashing mdown to slice a finfger off even a/c bills to prove 2 20 year pold water heaters never chaqnged till end of my lease….. No way way out windows inGBR + MBR wing.
Irresponsibility for a 1400.00 month home in which i always paid early OR on day rent due….I am ready to leave.My lease is up + RE rental agent had 3400.00+600. pet deposit + tried to get another $ 1500. from me on my last months rent if i stayed an additional last month…Honest to God! I need to get the filth in a/c vents + and the thick residue i have been breathing with trouble + strong anti-biotics …. on louver doors analized due to my health problems & re agent is in denial….I have pictures documenting the entire 2 years of neglect + other shady tricks by the RE agent, owner +RE Well healed well known company . Please help asap.. I have not violated anything that i signed in the 13 page lease. Reantal adent DID ….2 years of sending Bug man to spy on my rental home when i wrote the owners and asked how they would detect when the grass was brown, etc….I was given 0 mintues notice 4x ..violating my privacy continually….Where can i send the grey thick fuzz to be analized quickly .. I will pay to have it done….ASAP…….I have all documentation of faulty unsafe windows + fuzz i have been breathing thru NEGLECT + DENIAL from”reputable RE company + RE agent employed/ subbed using their name by reputable RE? company”
Many thanks in advance……


February 14th, 2013 7:49 pm

Hello Becky. I am sorry to hear about your landlord and RE agent issues. It is a good thing that you have everything documented but the cleaning and upkeep of the property is your responsibility while you are there. If the vents, garage and all other areas of the house has been filthy when you moved in, you need to have proof of that too. Regarding your lung infection, does the medical certificate particularly say that it was caused by the dirty vents. I would suggest that you get all of these in formal documents by filing a complaint with the RPA.


Yes, the RPA® Can Help You!

Filing an official complaint is the nation's fastest way to solve tenant problems.

Not Ready? Learn more...

Virginia Complaint Filling Deadline  Tips/Suggestion

Need Help Filing Your Complaint?

Agents Available Mon- Fri 10am to 10pm

Recently Resolved Complaints:

See how the Nation's Rental Authority has helped thousands of tenants already!

Ask Question:

Post a new question to the RPA Tenants rights forum.

You Have Tenant Rights.
Recently Posted Questions:

Over 4,000 questions have been asked by tenants including these new posts:

Tenant Rights Categories

Popular categories about renters rights.