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.