It can be challenging to ascertain who is liable for paying for repairs in residential rental homes.
As a tenant, you want to ensure that your rental unit’s living conditions tick off everything on a complete rental property maintenance checklist.
Still, you also want to avoid paying for landlord-related repairs.
However, as a landlord, you also want to ensure that you abide by the law and show courtesy to your renters.
In addition, you want to safeguard your investment and prevent expensive fixes.
A habitable home has appropriate heating, hot water, power, smoke detectors, and structural soundness.
Bay Property Management Group Philadelphia comes in handy here to help with the maintenance needs of your rental investments.
To establish who is responsible for repairs in a rental property, this article will examine the repair duties of tenants and landlords.
Tenants and landlords can prevent conflicts and maintain a healthy and effective partnership by being aware of these obligations.
Ultimately, you’ll discover the consequences awaiting real estate owners who don’t fulfill the maintenance needs of their properties. Let’s go!
Landlord-Tenant Laws for Repairs and Maintenance
State and even city laws differ from one another.
Notwithstanding, landlords and tenants must familiarize themselves with repair and maintenance laws.
One of these significant laws is the implied warranty of habitability.
According to the legal principle known as the “implied warranty of habitability,” landlords must guarantee that their rental homes have suitable living conditions. State statutes, however, vary in the specifics of this concept.
If a landlord breaches this commitment, tenants may be entitled to withhold rent or pursue other legal remedies in some states.
This warranty is implicit in the lease terms, even if it isn’t stated expressly in writing.
Only residential leases, not commercial leases, are covered by this warranty.
Importance of Having Clear Contractual Obligations
Contractual obligations are legally enforceable promises that each party to the agreement must keep.
Therefore, before signing the contract, both parties must comprehend their rights and obligations.
In light of this, below are some benefits of having clear contract obligations:
1. Specificity
Compared to legal obligations, contractual obligations generally possess specificity.
As a result, landlords and tenants alike can customize their agreements to meet their particular needs.
In the long run, this is advantageous.
Because of its specifics, a written contract reduces any exposure both landlords and tenants can have to conflicts that are occasionally very complicated and expensive to settle.
2. Less Room For Conflicts
Having clear contractual obligations ensures everyone is on the same page, and there is no opportunity for misunderstanding.
In addition, this act communicates that both the landlord and tenant are honest and committed to the partnership they are establishing.
3. The Ability To File A Lawsuit
When both tenants and landlords have clear contractual obligations, they arm themselves with the ability to file a lawsuit if there’s any contract breach, which usually stems from one party being unable to fulfill their contractual duties.
However, the person violating the agreement may ask to be released.
The counterparty may only pursue payment if the two parties’ relationship is strong enough to remove them from their contractual commitments.
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Alternatively, you could agree to a contract modification that modifies these legal duties to make them more manageable.
Another possible outcome is that the party that violated the agreement would be sued for damages and make up for any losses the other party had incurred due to the violation. ‘Contractual disagreement’ is a common term to describe this.
It is also conceivable in some cases for the innocent party, such as a tenant, to demand specific performance from the landlord.
A particular version requires the party who violated the contract to perform its responsibilities rather than requiring it to pay damages.
Tenant Remedies
1. Withholding Rent
Suppose your landlord still needs to do their part to keep your apartment habitable.
Still, you’ve complied with certain conditions. In that case, you might be eligible to stop paying rent until you perform the necessary repairs.
Many refer to this as withholding rent.
By statute or court order, rent withholding is permitted in many states as a self-help option. However, most laws that allow the withholding of rent have very particular guidelines for doing so.
For instance, you usually have to give your landlord a set amount of time to solve the issue, and the law could ask you to deposit your money in a particular escrow account.
2. Repair-and-Deduct
You may be qualified to employ “repair-and-deduct,” another potent legal remedy based on your residence.
The repair-and-deduct option is available in more than half of the states and certain major cities.
Verify your local housing rules to see whether your city has autonomously embraced repair-and-deduct if your state still needs to.
This process is only open to you if your state or municipality has a repair-and-deduct statute.
3. Suing the Landlord
You can file a lawsuit against the landlord in almost every state if your rental isn’t livable, even if you elect to stay there.
Small claims court is likely an option for you, as it accepts claims up to several thousand dollars.
In this case, no lawyer is necessary.
If you feel comfortable staying in your apartment, filing a lawsuit against the landlord makes sense.
In some areas, you can seek the court’s order compelling the landlord to make the repairs in exchange for a temporary reduction in rent.
Others only allow the landlord to receive orders to cover your losses from the small claims court.
The plus side is that when a landlord gets a money judgment for neglecting to put in repairs, they usually do so to stop more lawsuits.
Final Thoughts
Together, landlords and tenants must keep rental properties secure and habitable.
When repairs are required, tenants must give the landlord immediate notice and proof of the problem.
However, landlords must take their obligations seriously and swiftly complete any repairs necessary to maintain the property and ensure that their renters reside in a safe and pleasant setting.
Depending on state and municipal legislation, the terms of the residential lease agreement, and other factors, the repair duties of renters and landlords may change.
Therefore, both parties must consult their respective countries’ leases and laws for direction.
Tenants and landlords can keep their relationships amicable and avoid conflicts by knowing their contractual obligations.
