Repairs and Maintenance FAQ
Learn
about landlord's duties to repair and maintain rental property
From
the Nolo.com Landlord and Tenant Center
What are
the landlord's repair and maintenance responsibilities?
Under most
state and local laws, rental property owners must offer and maintain housing
that satisfies basic habitability requirements, such as adequate weatherproofing,
available heat, water and electricity, and clean, sanitary and structurally
safe premises. Local building or housing codes typically set specific
standards, such as the minimum requirements for light, ventilation and
electrical wiring. Many cities require the installation of smoke detectors
in residential units and specify security measures involving locks and
keys.
To find out
more about state laws on repair and maintenance responsibilities, check
your state's landlord-tenant statutes. Your local building or housing
authority, and health or fire department, can provide information on local
housing codes and penalties for violations.
What are
a tenant's rights if the landlord refuses to maintain the property?
If a landlord
doesn't meet his or her legal responsibilities, a tenant usually has several
options, depending on the state. These options include:
- paying less rent
- withholding the entire rent until the problem is fixed
- making necessary repairs
- hiring someone to make necessary repairs and deducting the cost
from the next month's rent
- calling the local building inspector, who can usually order the
landlord to make repairs, or
- moving out, even in the middle of a lease.
A tenant
can also sue the landlord for a partial refund of past rent, and in some
circumstances can sue for the discomfort, annoyance and emotional distress
caused by the substandard conditions.
Tenants should
check state and local laws and understand remedies available before taking
any action such as withholding rent.
What must
tenants do to keep the rental property in good shape?
All tenants
have the responsibility to keep their own living quarters clean and sanitary.
And a landlord can usually delegate his repair and maintenance tasks to
the tenant in exchange for a reduction in rent. If the tenant fails to
do the job well, however, the landlord is not excused from his responsibility
to maintain habitability. In addition, tenants must carefully use common
areas and facilities, such as lobbies, garages and pools.
Click
here for related information and products from Nolo.com
Copyright
© 1999-2000 Nolo.com
All Rights Reserved
A Message
to Our Readers:
This article
provides information and general advice about the law. But laws and procedures
change frequently, and they can be interpreted differently by different
people. For specific advice geared to your specific situation, consult
an expert. No book, software or other published material is a substitute
for personalized advice from a knowledgeable lawyer licensed to practice
law in your state. Neither Property Automation Software Corporation nor
Nolo shall be liable for any errors or inaccuracies in the content, or
for any actions taken in reliance on the content.
|
