Maintenance & RepairImplied Warranty of HabitabilityThis Is A Summary Page Under Common Law a tenant takes possession of property "as is" unless the parties have contracted otherwise. However, most states have changed the rules. " Even one who , 'with open eyes,' rents a hovel, can now sue for the Waldorf Astoria." (Indiana Court) Under most state and local laws, rental property owners must offer and maintain housing that satisfies basic habitability requirements, such as a structurally safe premises with adequate weatherproofing, available heat, water and electricity; most times summarized as "decent, safe and sanitary. What if a landlord refuses to maintain property? What if a landlord refuses to maintain property?If landlords don't meet their legal responsibilities to maintain a property, a tenant usually has several options. Those options depend upon which state the property is in. Check your state law for the remedies available to tenants. Tenants' duty to maintain.All tenants have the responsibility to keep their own living quarters clean and sanitary. Landlord liabilities for injuries on the rental property.A landlord may be liable to the tenant--or others--for injuries caused by dangerous or defective conditions on the rental property. In order to hold the landlord responsible, however, the tenant must be able to prove the landlord's negligence by showing several things . Minimize financial losses and legal problems related to maintenance.Landlords who offer and maintain housing in excellent condition can avoid many problems by setting up proper procedures and maintaining adequate records . The above topics are discussed in much more depth on our members' Maintenance & Repair page. The above topics are discussed in much more depth |
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