Summary. A working kit of landlord-tenant instruments: a remedy map, tenant templates from repair request through deposit demand, landlord templates from screening criteria through deposit itemization, shared settlement documents, and the primary authorities.
SECTION A — THE REMEDY MAP
| Condition | Tenant remedies | Statutes to check first |
|---|---|---|
| No heat / no water / sewage / gas | Emergency repair-and-deduct · abatement · code complaint · constructive eviction | Habitability statute; emergency repair provision; local code |
| Persistent leak, mold, vermin | Written notice → code complaint → repair-and-deduct or abatement | Habitability statute; local health code |
| Broken exterior lock | Emergency repair-and-deduct; often a per-day statutory penalty | Security/lock statute; domestic violence lock-change provision |
| Landlord enters without notice | Damages; injunction; statutory penalty; defense to eviction | Entry statute; quiet enjoyment |
| Utility shutoff / lockout | Statutory damages, fees, sometimes criminal | Self-help prohibition statute |
| Deposit not returned | Demand letter → small claims; multiple damages + fees | Deposit statute (deadline, itemization, penalty) |
| Rent raised mid-fixed-term | Void as to the increase | Lease terms; rent regulation ordinance |
| Increase above local cap | Overcharge recovery with penalty | Rent stabilization ordinance |
| Eviction after a complaint | Retaliation presumption → defense and affirmative claim | Retaliation statute (window length) |
| Refusal to rent / different terms | HUD or agency complaint; private suit | 42 U.S.C. § 3604; § 3613; 24 C.F.R. Part 100 |
| Denied over a screening report | Adverse action notice; dispute the report | 15 U.S.C. § 1681c and the FCRA |
| Building foreclosed | 90 days minimum; often the balance of the lease | Protecting Tenants at Foreclosure Act |
SECTION B — TENANT TEMPLATES
B-1. Repair request (first notice)
Subject: Repair request — [condition], Unit [__], [address]
Dear [Landlord/Manager]:
I am writing to report that [describe the condition precisely — "the furnace stopped producing heat on the evening of 14 November"]. As of this morning [state the measurable fact — "the thermostat reads 51°F"]. A photograph is attached. [If applicable: "There are two children under five in the apartment."]
Please arrange for repair as soon as possible and let me know when a technician will arrive. I am available any weekday and will provide access on request; you may reach me at [phone] or this email address.
Please confirm receipt of this message.
[Name] · Unit [__] · [date and time]
Every element does work: the condition, the date, a measurable fact, a photograph, severity, an offer of access — which forecloses the "the tenant wouldn't let us in" answer — and a request for confirmation.
B-2. Escalation (second and third notices)
Subject: SECOND NOTICE — [condition] — [] days without repair, Unit []
I first reported this condition in writing on [date]. It is now [__] days later and the condition remains unrepaired. I have received [no response / the following response: ___].
Chronology to date: · [date] — written notice sent (attached) · [date] — [call / message / visit], no repair · [date] — follow-up sent (attached)
This condition [affects health and safety because _]. I am requesting repair within [] days. Please be advised that if the condition is not repaired I intend to pursue the remedies available to me under [state statute § ___], which may include [repair and deduct / rent abatement / deposit of rent with the court], and I have [contacted / will contact] the [city/county] housing inspector.
I remain available to provide access at any time.
B-3. Rent escrow notice (where withholding requires deposit with the court)
Pursuant to [state statute § ], I have today deposited the rent of $___ for the month of [__] with the Clerk of the [court], case/receipt number ______. A copy of the receipt is attached.
I have taken this step because the following condition, first reported in writing on [date] and unrepaired as of today, breaches the implied warranty of habitability: [describe].
The funds will be released as the court directs. I will continue to deposit rent monthly until the condition is repaired. This is not a refusal to pay rent. Please contact me to arrange repair, and I will move to release the funds to you upon completion.
B-4. Lease addendum (getting a verbal promise in writing)
ADDENDUM TO RESIDENTIAL LEASE dated [__] between [Landlord] and [Tenant] for [address].
- Repairs before occupancy. Landlord shall complete the following before the commencement date: [list]. If not completed, Tenant may [terminate without penalty / abate rent by $___ per day].
- Included in rent. The following are included in the monthly rent at no additional charge: [heat / water / trash / one parking space #___ / the appliances listed in Exhibit A].
- Pets. Tenant may keep [describe]. The pet deposit is $______ and is refundable subject to the deposit statute.
- Move-out standard. Tenant shall return the premises in the condition documented in the attached Move-In Condition Report, ordinary wear and tear excepted. Cleaning charges, if any, shall not exceed the cost of returning the premises to that condition.
- Conflict. This Addendum controls over any conflicting provision of the Lease.
Landlord: ______________ Date: ______ Tenant: ______________ Date: ______
B-5. Notice-defect audit
□ TYPE Is it pay-or-quit, cure-or-quit, unconditional quit, or non-renewal?
Does the ground asserted match the type used?
□ DAYS Statutory period: ___ days. Days actually given: ___.
Counted correctly? (calendar vs. business; first day; mail extension)
□ AMOUNT Demanded: $______. Rent actually owed: $______.
Does it include late fees / utilities / damages?
→ Does the statute permit demanding those in this notice?
□ PARTIES Every adult occupant named? Names correct?
□ PREMISES Correctly described, including unit number?
□ SIGNATURE Signed by the landlord or an agent with authority?
□ CAUSE Just-cause jurisdiction? Is the cause stated with the required
specificity?
□ SERVICE Method permitted by statute? Proof of service completed?
□ STANDING Is the landlord registered / is the certificate of occupancy
current, where that is a precondition to filing?
□ WAIVER Was rent accepted after service, without a reservation?
B-6. Answer to an eviction complaint — skeleton
ANSWER AND DEFENSES
1–__. [Admit / Deny / Lack sufficient knowledge] as to each numbered
paragraph of the Complaint.
FIRST DEFENSE — Defective notice.
The notice demanded $______, which includes $______ in late fees.
[Statute § ___] permits a notice to demand rent only.
SECOND DEFENSE — Payment / tender.
Rent was paid on [date] by [method]; receipt attached as Exhibit A.
[or] Full payment was tendered on [date] and refused.
THIRD DEFENSE — Breach of the implied warranty of habitability.
Since [date] the premises have lacked [condition]. Written notice
was given on [dates]. A housing inspector cited the condition on
[date]. Rent should be abated to the fair value of the premises
as they existed.
FOURTH DEFENSE — Retaliation.
Plaintiff filed this action within ___ days after Defendant
[complained to code enforcement / requested repairs in writing /
joined a tenant association], raising the presumption under
[statute § ___].
FIFTH DEFENSE — Failure to satisfy a precondition to suit.
Plaintiff is not registered as required by [ordinance § ___].
COUNTERCLAIMS (if permitted in this court)
Count I — Security deposit [statute § ___]
Count II — Damages for uninhabitable conditions
Count III — Illegal fees
[Jury demand, if available and desired.]
B-7. Security deposit demand letter
Re: Security deposit — [address], tenancy ended [date]
Under [state statute § ], you were required to return my security deposit of $, or provide an itemized written statement of deductions with supporting documentation, within [] days after the tenancy ended and I provided my forwarding address on [date]. That deadline passed on [date]. I have received [nothing / an unitemized deduction of $_____ with no documentation].
The premises were returned in the condition shown in the enclosed photographs, which correspond to the Move-In Condition Report also enclosed. The deductions claimed are for [ordinary wear and tear / items documented as pre-existing at move-in].
[State statute § ___] provides for damages of [twice/three times] the deposit, plus court costs and attorney's fees, where a landlord fails to comply.
Please remit $______ to the address below within fourteen days of this letter. If payment is not received I will file suit and seek the statutory damages, costs, and fees.
Enclosures: Move-In Condition Report · move-in photographs · move-out photographs · forwarding address notice and proof of delivery
SECTION C — LANDLORD TEMPLATES
C-1. Written screening criteria (publish and apply uniformly)
APPLICANT SCREENING CRITERIA — [Property], effective [date]
Income Verified gross income of at least ___x monthly rent,
from any lawful source including housing assistance.
Credit Minimum score of ___, OR a co-signer meeting the
income standard, OR ___ months' additional deposit
where permitted by law.
Rental history ___ years verifiable; no unsatisfied money judgment
for rent within ___ years.
Criminal Individualized assessment considering the nature and
gravity of the offense, the time elapsed, and evidence
of rehabilitation. No blanket exclusion. Arrests
without conviction are not considered.
Occupancy Consistent with applicable occupancy standards.
Process Applications considered in the order received.
Every applicant is screened against these criteria only.
C-2. FCRA adverse action notice
We are unable to [approve your application / approve your application on the terms requested] for [address]. This decision was based in whole or in part on information contained in a consumer report obtained from:
[Consumer reporting agency name, address, toll-free telephone number]
The consumer reporting agency did not make this decision and cannot explain the reasons for it. You have the right to obtain a free copy of your consumer report from that agency if you request it within 60 days, and you have the right to dispute directly with the agency the accuracy or completeness of any information in the report.
[Include the credit score disclosure where a score was used, and any state-required content.]
C-3. Maintenance log
| Date received | Unit | Reported by | Condition | Acknowledged (date) | Vendor | Scheduled | Completed | Invoice # | Notes (access issues) |
|---|---|---|---|---|---|---|---|---|---|
Print this log for every hearing. It is the exhibit that defeats a habitability defense.
C-4. Rent ledger (one page, detail behind it)
| Month | Rent charged | Other charges (itemize) | Paid | Date paid | Method | Balance |
|---|---|---|---|---|---|---|
| Totals | $______ |
C-5. Notice to pay rent or quit
NOTICE TO PAY RENT OR QUIT
To: [every adult occupant, by name], and all others in possession of [full address including unit].
YOU ARE HEREBY NOTIFIED that rent in the amount of $______ is now due and unpaid for the following period(s): [list each month and amount].
WITHIN [__] DAYS after service of this notice, you must pay the amount stated above or deliver possession of the premises to the undersigned. Payment may be made to [name] at [address] [and by the following methods: ___] between the hours of ___ and ___.
If you fail to pay or to deliver possession within that period, legal proceedings will be instituted against you to recover possession of the premises[, to recover rent due,] and for costs [and attorney's fees where permitted].
Dated: __________ ______________________ [Landlord / Authorized Agent]
Before serving: confirm the amount includes rent only if your statute so requires; confirm the day count; confirm every occupant is named.
C-6. Notice to cure or quit
YOU ARE HEREBY NOTIFIED that you are in violation of the following provision(s) of your lease dated [__]: [quote the lease section]. The specific facts constituting the violation are: [describe with dates].
WITHIN [__] DAYS after service of this notice you must cure the violation described above or deliver possession of the premises. Cure requires: [state exactly what must be done].
C-7. Proof of service
I, the undersigned, declare that I am over the age of eighteen and not a party to this matter. On [date] at [time] I served the attached [notice] on [name] by: ☐ personal delivery to [name] at [address]; ☐ leaving a copy with [name], a person of suitable age and discretion residing at the premises, and mailing a copy by first-class mail to the premises on [date]; ☐ affixing a copy in a conspicuous place at the premises and mailing a copy by first-class mail on [date], after attempting personal service on [dates/times].
I declare under penalty of perjury that the foregoing is true and correct. Executed on [date] at [city, state]. ______________________
C-8. Security deposit itemization
SECURITY DEPOSIT DISPOSITION — [address], tenancy ended [date]
Deposit received: $______ · Interest (if required): $______ · Total: $______
Item Basis Useful life / age Depreciation applied Amount Unpaid rent, [month] Ledger attached — — $______ Carpet replacement, bedroom Burn damage, photo #4 10 yr life, 8 yr old 80% $______ Cleaning, kitchen Return to move-in condition — — $______ Total deductions $______ Balance refunded: $______, enclosed / remitted by [method] on [date].
Enclosures: Move-In Condition Report · dated photographs · invoices and estimates · rent ledger.
SECTION D — SHARED DOCUMENTS
D-1. Cash for keys agreement
- Vacatur. Tenant shall vacate and surrender possession of [address], removing all personal property and returning all keys, remotes, and access devices, on or before [date] at [time].
- Condition. Tenant shall leave the premises broom-clean and free of debris. Tenant is not required to make repairs.
- Payment. Landlord shall pay Tenant $______ [by certified funds at the time keys are surrendered / within ___ days after surrender].
- Rent and arrears. Landlord waives all claims for unpaid rent, late fees, and holdover damages through the vacatur date.
- Deposit. Landlord shall [return the deposit in full / retain the deposit, which is reflected in the payment above].
- Dismissal. Landlord shall dismiss the pending action [with prejudice] within ___ days after surrender, and shall not enter judgment.
- Record. The parties shall jointly move to seal the record of this action.
- Releases. Each party releases the other from all claims arising from the tenancy through the date of this Agreement.
- If Tenant does not vacate, this Agreement is void, no payment is owed, and Landlord may proceed.
D-2. Settlement stipulation (contested case)
The parties stipulate as follows:
- Tenant shall pay $______ on or before [date], and $______ per month thereafter on the ___ of each month, in addition to current rent.
- Cure period. If a payment is not made when due, Landlord shall give Tenant written notice and [7] days to cure before seeking any relief under this stipulation. [Negotiate for this. Without it, a one-day miss is a judgment.]
- Upon completion of all payments, the action shall be dismissed with prejudice and no judgment shall be entered.
- Landlord shall complete the following repairs by [date]: [list].
- Landlord shall provide a neutral rental reference confirming dates of tenancy only.
- The parties jointly move to seal the record of this action.
- This stipulation is the entire agreement and may be modified only in a signed writing.
D-3. Payment plan (pre-suit)
Tenant owes $______ in rent for [months]. The parties agree: Tenant shall pay current rent in full when due, plus $______ toward arrears on the ___ of each month beginning [date], until paid. Landlord agrees not to file or prosecute an eviction while Tenant complies. If a payment is missed, Landlord shall give written notice and [5] days to cure before proceeding. Nothing in this agreement waives Landlord's rights if Tenant fails to comply, and nothing waives Tenant's defenses other than as to the amounts acknowledged here.
SECTION E — PRIMARY AUTHORITY
- Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970) — the implied warranty of habitability; rent and repair covenants are dependent.
- Lindsey v. Normet, 405 U.S. 56 (1972) — summary eviction upheld; the double-bond appeal condition struck down.
- Pernell v. Southall Realty, 416 U.S. 363 (1974) — jury trial right in possession actions.
- Greene v. Lindsey, 456 U.S. 444 (1982) — service by posting held inadequate where mail was available.
- Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968) — § 1982 reaches private discrimination in property.
- Trafficante v. Metropolitan Life Insurance Co., 409 U.S. 205 (1972) · Havens Realty Corp. v. Coleman, 455 U.S. 363 (1982) — FHA standing and tester standing.
- Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) — disparate impact.
- 42 U.S.C. § 3601 · § 3604 · § 3613 · 24 C.F.R. Part 100.
- 15 U.S.C. § 1681c — FCRA content limits applicable to tenant screening reports.
- Uniform Residential Landlord and Tenant Act; the Protecting Tenants at Foreclosure Act; state landlord-tenant acts; local rent stabilization and just-cause ordinances.
Related documents
- Residential Landlord-Tenant Law
- Handling a Landlord-Tenant Dispute
- Lease Review and Eviction Response Checklist
- Fair Housing and Lending Discrimination
- Self-Represented Litigant Toolkit
- Foreclosure Defense and Loan Workout Toolkit
- Consumer Debt Defense Toolkit
This toolkit is educational and not legal advice. Every template must be adapted to state and local law before use; notice content, day counts, service methods, and deposit procedures are jurisdiction-specific and a form that is correct in one state is void in another.