Landlord's Legal Obligations for Maintenance and Repair
A landlord has an obligation to provide a habitable living environment for their tenants and has an ongoing duty to make repairs and maintenance in a reasonable amount of time. There should be clauses in the original lease agreement that lay out the responsibilities of the landlord.
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Condo Owners and Requirements for Maintenance Repair and ReplacementWhen there is a need for maintenance, repairs and replacement of items within a condo, the owners need to know who is responsible for what matters. This means knowing what obligations the owner has for the unit based on the agreement signed when purchasing the space.
Read more- Failure to Disclose Lead Paint in Rentals - Landlord's Liability and Consequences
When a landlord is responsible for the welfare of his or her tenants in general situations where a property is rented or leased, he or she could be liable for damages and other penalties if he or she has not disclosed that lead paint has been used in the rental house. This could lead to litigation where the landlord must pay for injuries or damages.
Read more - Housing Development Property Owners' Responsibility for Premises Liability
The property owner of a housing development can become responsible for accidents and damage of a premise based on premise liability laws in the state where the property resides. Depending on the circumstances, this property owner may owe damages to victims of destruction or property or for injuries that occur on the premises.
Read more - Landlord's Duty to Repair
A tenant’s basic duty is to pay rent in a timely manner and to maintain the property up to a certain standard. Landlords also have certain duties. These duties may exist under contract provisions and/or under state and local laws.
Read more - Mold, Leaks, and Other Conditions That Can Make a Rental Property Uninhabitable
When renting an apartment or other home, you can be at the mercy of your landlord in many ways. Problems like leaks, mold, malfunctioning appliances, and other issues can make your home feel more like a prison. So, what can you do when your landlord fails or refuses to fix serious maintenance issues in your rental property?
Read more - Real Estate and the Exception for Reasonable Wear and Tear
Buyers initiate a deal to purchase real estate with the intent to buy something that is maintained, kept up to standards and that is whole upon the date to move into it. However, when the property is rented or leased, it is the tenant that must ensure the real estate unit is kept in good condition even through the standard wear and tear.
Read more - I Found Mold in My Rental Home - What Can I Do?
In recent years scientists have learned more about the potential dangers of mold and breathing it in on a daily basis. While some individuals may develop minor respiratory symptoms, such as coughing and wheezing, more serious conditions may develop, such as fungal respiratory infections. In many states, your landlord may have some responsibility to help remediate the problem.
Read more - Landlord Will Not Fix Damage Caused by a Neighboring Apartment
The tenant in an apartment has universal rights when living in a unit that apply across the country and to all individuals that remain in a rental or leased location. The landlord has certain duties as described by the lease or rental agreement, and violations of these matters could lead to litigation with possible damages owed to the tenant.
Read more - Toxic Mold - Who Has the Burden to Prove
Toxic mold in the house or rental unit is often harmful to human, plant and animal, and these situations could lead to lawsuits against the landlord for inaction or when this authority does not remove the problem. The responsibility usually falls on the landlord, but this could depend on leasing, renting or ownership of the property.
Read more - What Is the Implied Warranty of Habitability and Why Does It Matter?
The implied warranty of habitability relates to residential leases and requires that rented property meet certain standards. This warranty can impact a tenant’s rights and a landlord’s obligations.
Read more - What Can I Do about Water Drainage on My Property Caused by the Adjourning Property?
Living in close proximity to others can cause some problems to arise. In some situations, a neighbor’s actions or lack of actions may be responsible for damages caused on their neighbor’s properties. Damage caused by water incorporates a number of complex rules and complications.
Read more - Toxic Mold - Do I Just Move or Sue?
Various forms of mold are nonharmful, but the toxic type could cause injury to the person and extensive property damage to the unit that could lead to the need to move. However, the tenant may have the option to sue the landlord if the mold affects his or her health or property within the unit or house in which the person resides.
Read more - Who Pays to Replace HVAC Systems in Commercial Leases?
Commercial leases have various clauses, conditions and terms that affect both the tenant and the landlord with what is paid, how the lease works and what may be involved. Who pays which item, what repairs and maintenance are paid for and other issues are usually covered through the lease specifics, and this determines if it is entirely paid by one party or shared between the two.
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