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.
>
BACK
|
|
