Tip of the Month - October, 2017

Repair What You Provide & Promise

Source: Every Landlord’s Legal Guide
By Marcia Stewart, Ralph Warner J.D., & Attorney Janet Portman

State and local housing laws typically deal with basic living conditions-heat, water, and plumbing, for example.  They do not usually deal with amenities-features that are not essential but make living a little easier, such as drapes, washing machines, swimming pools, suanas, parking places, intercoms, dishwashers.  Although  housing laws do not require you to furnish these things, if you do, you might be legally required to maintain or repair them.

If the lease or rental agreement says that you will repair or maintain certain items, such as appliances, the promise is express.  When you (or a manager or rental agent) say something that indicates that you will be responsible for repairing or maintaining in item or facility, the promise is implied.  Implied promises are also found where you have, over time, repeatedly repaired or maintained certain aspects of the rental, establishing a practice of repair that the tenant can rely upon.

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This web page was updated on 09/26/2017.