Renter’s Rights: Withholding Rent & Repair and Deduct

Getting a landlord to make necessary repairs can sometimes be a frustrating experience. For problems that are not the tenant’s fault, a landlord can generally be expected to make those repairs, and if they don’t, the tenant may have the right to either withhold rent until the repairs are made, or make the repairs and deduct the cost from rent.

→ Read More

Tenant’s Right to a Habitable Living Space

Generally, your landlord is responsible for providing a habitable living space for tenants and renters. However, even though this is the general rule, exceptions may apply which would shift the duty to you to repair to your pocketbook. Before you engage in expensive self-help remedies, contact an attorney who specializes in landlord-tenant law.

→ Read More

Landlord Liability for Tenant Injuries

Landlords are required to take reasonable care to prevent injury to their tenants. In practical terms, the doctrine of ‘caveat emptor’ for residential leases no longer exists. However, landlords are not automatically liable whenever a tenant is injured on the premises. Instead, whether or not the landlord is liable depends on “ was the landlord acting as a reasonably careful person in maintaining the property, so as to prevent or avoid the specific accident? “

→ Read More

Landlord’s Duty to Maintain Pipes and Plumbing

Landlords must repair the pipes and plumbing in a rental unit and maintain them in good shape. If the cause of the leak was negligence—for example, carelessness in maintaining or fixing the pipes—the landlord will probably be responsible for any reasonably foreseeable damages or losses to the tenant caused by the negligence. So if the landlord didn’t keep the plumbing in good order, he could be responsible for paying for any losses, which would include property damage (e.g. if the tenant’s belongings are damaged) or a heightened water bill.

→ Read More

Responsibility of Outdoor Maintenance of Rental Property: Landlord or Tenant

Who is responsible for a rental property’s outdoor maintenance, such as tree trimming and gutter cleaning, depends on what it says in the lease agreement. In terms of a lease, the two parties (landlord and tenant) can come to any division of maintenance they want. If the lease is silent on the subject, the landlord owns the whole property and is responsible for the maintenance in all areas not rented by the tenant, while the tenant is responsible for maintaining the areas under his or her control.

→ Read More

The Tenant’s Responsibility for Rental Property Maintenance

Often, a lease will contain a provision stating that a tenant shall not ‘commit waste’ with respect to the rental property, but what is a tenant’s responsibility with respect to maintenance of the property? The tenant has the responsibility to keep the rental property clean, to properly dispose of trash, and shall not deliberately or negligently allow damage to the property, all of which would be considered ‘waste.’

→ Read More