Tenant Eligible To Recover Cost of Property Maintenance
A common point of dispute among many landlords and tenants is maintenance of a rented property. It is the responsibility of the landlord to ensure that the tenanted premises are habitable and safe. Once the tenant moves in, it’s the landlord’s responsibility to repair anything that breaks on the property, from a burned-out light bulb in the stairwell down to leaky faucets. Even if the landlord can’t fix the problem right away, it’s his responsibility to let the tenant know the circumstances that are causing the delay and when it might be resolved.
 |
 |
Tenant can deduct cost from the rent
In case the landlord fails to undertake the repairs within a specified time or is unwilling to do so, his tenant may undertake these repairs. In such cases, the tenant need to give proper notice to the landlord, specifically mentioning the nature of problem, the nature of inconvenience caused, safety hazards, and the necessary steps required to correct the problem. It should be mentioned that in case the landlord fails to undertake the repairs within a specified time, the tenant will have it done and he will deduct the expenses or amount from the rent.
Every landlord is bound to keep his premises in good and tenantable repairs. In case the landlord is unwilling to do so, the tenant needs to give proper notice to the landlord. It should be mentioned that in case the landlord fails to undertake the repairs within a specified time, the tenant will have it done by him and he can deduct the expenses from the rent payable to the landlord. The Rent Control Acts of various States also provide some guidance to this effect. However, it should be noted that this covers only repairs that are essential and urgent. It would not cover circumstances where the tenant wants some alterations or additions for his convenience. This is subject to the condition that any amount deducted or recoverable in any year will not exceed one-twelfth of the rent payable by the tenant for that year.
Points to Remember
- The landlord shall have the right to take up urgent maintenance to protect the rented property even if the tenant objected to that.
- Once the tenant moves in, it’s the landlord’s responsibility to repair anything that breaks on the property.
- Every landlord is bound to keep his premises in good and tenantable repairs.
- In case tenants undertake the repairs, the tenant need to give proper notice to the landlord, specifically mentioning the nature of problem, the nature of inconvenience caused, safety hazards, and the necessary steps required to correct the problem.
- The notice should mention that in case the landlord fails to undertake the repairs within a specified time, the tenant will have it done and he will deduct the expenses or amount from the rent.
- Even if the landlord can’t fix the problem right away, it is landlord’s responsibility to let the tenant know the circumstances that are causing the delay and when it might be resolved.
- The tenant can apply to the rent controller under the Rent Act for permission to undertake the repairs himself.
It is the responsibility of the landlord to ensure that the tenanted premises are habitable and safe. If a landlord neglects or fails to undertake any repairs which he is bound to within a reasonable time after notice in writing, the tenant may do so himself and deduct the expenses from the rent payable to the landlord.
In case repairs are to be undertaken, without which the property is not habitable or usable except with undue inconvenience, and the landlord neglects or fails to do so notice in writing, the tenant may apply to the rent controller under the Rent Act for permission to undertake the repairs himself. He should submit to the controller an estimate of the cost of such repairs too. The controller may by an order in writing permit the tenant to undertake the repairs. It will then be lawful for the tenant to undertake the repairs himself and deduct the cost.
