Full question:
I rented out a building 3 months back. I had it completely done up and was given to my tenant in perfect condition. Now the tenant is complaining of a leaky faucet in the bathroom. This may have occurred due to the tenant’s carelessness as the bathroom which has the issue is used by the tenant’s children who are very ill-disciplined and sloppy (I know of the behavior of the children since they go to the same school as my daughter). Am I responsible for such a repair?
- Category: Landlord Tenant
- Subcategory: Repairs
- Date:
- State: National
Answer:
The landlord is responsible for all the major repairs in the residential building (commercial property rules are generally different) rented out and is also obliged to keep the premises in a habitable state. Leaky faucets, torn carpets, loose tiles are all minor issues and can be repaired by the tenant himself unless agreed otherwise.The major repairs that must be undertaken by you include maintenance of the structure of the building, including stairways, floors, and roofs; keep electrical, heating, and plumbing systems operating safely; supply hot and cold water in reasonable amounts, and exterminate infestations of pests such as cockroaches etc. However, if a problem is the result of the tenant’s carelessness, caused by poor housekeeping or negligence, the repair can be undertaken by you and later the bill may be forwarded to the tenant. If they do not pay it, the amount may be taken out of their security deposit.
Also, certain factors can determine if you are responsible for the repairs depending on the nature of the problem. Exclusive decoration or ornamental works need not be undertaken by you. Mildewed grout or worn carpets, for example, are less likely to require a landlord's attention. If the terms of the lease, any oral or written promises you made to the tenant, state and local building codes, or state landlord-tenant laws specify that you are accountable for minor repairs, then it is always advisable to get it done. The tenants can even go to the extent of taking you to small cases court, and obviously, it is better to stay away from such situations.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
