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.
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