Is It Really an Emergency?
Inevitably you'll have tenants who see things in black and white. If something goes wrong, they'll think it's an emergency that needs to be fixed right away. Living under the same roof might even exacerbate the demands because your tenant might reason, “All you have to do is come next door.”
Bells clang, lights flash: those are the consequence of emergencies. When something specified in your state and local building code goes wrong — anything that threatens the health and safety of your tenant — you most likely have an emergency.
You have a bona fide emergency when:
Smoke and flames come out of windows and beneath doors.
Water flows from under your tenant's door or drips down the walls from an upstairs apartment.
You hear screams.
There's a natural disaster such as a tornado or an earthquake.
Gas lines rupture.
Less dramatic, but also requiring immediate attention, are:
Frozen water pipes
A dead furnace during a cold spell
Electrical wires shorting out
A cracked toilet bowl
Bug and rodent infestations
Broken locks on the door or windows
Any condition that threatens the health and/or safety of your tenant can be described as an emergency. As a landlord, your obligation is to take action and fix it right away, if not sooner. Otherwise your tenant is not obligated to remain in your apartment no matter how much time is left on the lease.
Your tenant or neighbors can call health or housing officials about code violations. The authorities will inspect the property, issue repair orders, and, very likely, charge you an inspection fee. If you don't do the repairs within their time frame, they can fine you for violating housing and health codes. And if you continue to ignore them, in extreme cases, the authorities might even shut down your building. It won't matter to them at all if you are living in the other part of an owner-occupied dwelling.
