How to Report a Landlord to the Health Department

Erin Eberlin is a real estate and landlord expert, covering rental management, tenant acquisition, and property investment. She has more than 16 years of experience in real estate.

Khadija Khartit is a strategy, investment, and funding expert, and an educator of fintech and strategic finance in top universities. She has been an investor, entrepreneur, and advisor for more than 25 years. She is a FINRA Series 7, 63, and 66 license holder.

A landlord is responsible for keeping a rental property in habitable condition, that is, fit to be lived in. If there are health or safety issues at the property that are breaching the warranty of habitability, the tenant can contact a local agency regarding the problem. These issues might include pests, mold, lead, or structural problems with a property.

Learn how to report a landlord to the health department and what steps the health department will take to investigate and hopefully rectify any violations.

Key Takeaways

1. Tenants have the right to live in a habitable space, and if their home has unsafe living conditions, they might be able to report their landlord to the local health department.
2. Generally, tenants need to inform the landlord of the issue before filing a complaint, often in writing, to give them a chance to fix it.
3. If the landlord doesn't address the problem, tenants can file a complaint with their local health department, providing necessary details such as when the problem first began.
4. If violations are found, the landlord must fix them within a specified time frame or face a fine.

Reasons to Report a Landlord

Certain health and safety issues could cause a tenant to file a complaint with the health department. These include:

• Plumbing fixtures: Tenants have the right to have working plumbing in their apartments.
• Pests: A tenant may report a landlord if their apartment or rental property has shown signs of a mouse, rat, roach, bed bug, or other pest infestation.
• Mold: Mold in the living space is dangerous as it can cause breathing problems or more severe reactions.
• Lead: Lead paint is common in homes built before 1978. Lead hazards, such as chipping paint, can pose health risks, especially to young children.
  
• Waste removal: Tenants can report a landlord if garbage and other waste items are not being removed from the property.
  
• Structural issues: If a roof leak is causing a ceiling to collapse or if the tenant has concerns about other structural issues at the property, the tenant can contact the health department.
• Lack of running water, electricity, or heat: Tenants need to have access to certain vital services in their apartments. Tenants can report landlords if there is no running water in their apartment, they do not have heat in the winter, or there is no electricity at the property and the landlord is responsible for paying the utility bills.

Send a Notice

In most cases, you must first notify the landlord of the issue before filing a complaint with the health department. This helps give the landlord a chance to fix the issue if they were previously unaware of the problem.

Generally, this notice must be delivered in writing to the landlord. Based on your state’s landlord-tenant laws, the landlord has a certain amount of time to respond and fix the issue before you can take further action.

File Your Complaint

If your landlord has not taken any steps to fix the problem, you can file a complaint with your local health department. You'll typically be asked to include some or all of the following information in your complaint:

• Your name
• Property address
• Name of landlord or property management company
• Nature of your complaint
• When the problem first began
• How long the problem has gone on or how often it occurs
• Whether you have contacted the landlord about the problem
  
• Landlord’s response

What Will the Health Department Do After I File a Complaint?

Once you have filed a complaint with your local health department, the department will take steps to determine if there is any truth to your claim. A health inspector will:

• Inspect the property: ​An official from the health department will be sent out to inspect the property. The official will investigate the tenant’s complaint to determine if an actual health violation exists at the property. Also, the inspector may note any other apparent health violations they come across during their visit to the property.
• Prepare a report of their findings: The health official will put together a report of their findings at the property. The report will include the property address, date of the inspection, health violations that were found at the property, as well as the time frame the landlord has to fix the violations.
• Send report and a list of violations to the landlord: If the health official notes any violations at the property, the official will send a copy of his or her inspection report to the landlord.
• Give the landlord time to fix the issue: The landlord will be given a certain number of days from receiving the violation notice to fix any outstanding issues. Once the landlord has fixed the health violations, the landlord can contact the health department to have the inspector come out to re-inspect the property.
• Re-inspect the property and issue a letter of compliance: The inspector will come back to the property to verify the health violations have been corrected. They will then issue the landlord a letter stating that the property is now in compliance.
• Fine the landlord: If the landlord has not fixed the health violation, or does not do so within the amount of time allotted, the health department can fine the landlord.

Exceptions

A landlord is generally not responsible for health violations at the property that are caused by the tenant. Tenants are responsible for maintaining their rental unit and following certain health and safety codes. Landlords are not responsible for issues caused by a tenant’s abuse, neglect, or dirty living conditions, such as a pest infestation caused by filthy living conditions inside a tenant’s apartment.