Landlords

make the tenant responsible for repairs, butonly if the lease agreement has a current termof at least one year. In other words, if the leaseterm is less than one year, the landlord’s dutycannot be modified.Additionally, almost all courts recognizethat implied in a residential lease agreement isthe understanding that the rental propertymust be fit for habitation by humans. Thismeans that the rental property must meetsome minimum level of standard so as not toexpose the occupants to unreasonable healthrisks. This implied duty cannot be modified orwaived.In addition to state law requirements,counties and municipalities are free to enactordinances that require landlords to maintainrental property above minimum habitabilitystandards. Most municipalities have a housingcode protecting the health, safety, and welfareof their citizens. Some require that the rentalproperty be inspected on a regular basis. Someeven require licensing before a tenant canmove in. Check with the local city or countygovernment code enforcement office foradditional standards imposed on landlords inmaintaining their rental property.Q2 What are the tenant’s responsibilities?Although responsibilities can be modifiedin certain instances—by mutual agreementbetween the landlord and tenant—a tenant isgenerally expected to:1. Pay rent on time;2. Keep the rental property in a safe andsanitary condition;3. Promptly notify the landlord ofmaintenance problems;4. Exterminate insects that appear if theywere not there when the tenant moved in; and5. Leave the rental property in goodcondition—reasonable wear and tear excepted.B. IMPORTANT STEPS TO TAKE INSOLVING THE PROBLEM(S)Depending on the problem, requesting thata repair be made could be as simple as a quickphone call or as complicated as filing a lawsuit.Outlined next are the recommended steps totake to solve a repair and maintenanceproblem:STEP 1: Notify the landlord and providereasonable time for repair.Keep it simple. The tenant must notify thelandlord and explain the situation, theimportance of the repair, and when he or shewould like it done. A phone call usually works.Sometimes, however, the landlord requires thata specific form or repair order be filled outbefore proceeding. Read the lease and talk towhoever is in charge and figure out the bestcourse to take. Keep copies of communicationsand keep notes of discussions. Municipalitieshave enacted housing codes—establishingminimum standards—to protect the rights ofboth the landlord and the tenant. Contact thelocal city hall for information.Note: The landlord must be given reasonabletime to make repairs.STEP 2: Contact the building inspector andschedule an inspection.In some municipalities, if the rentalproperty is up to municipal code standards,the tenant will be responsible for paying theinspector’s fee. If it is not up to code, thelandlord pays the fee (and may also have topay a re-inspection fee once the repair ismade). Call the local inspector’s office to findout how much the fee will be.STEP 3: If the landlord has failed to makenecessary repairs, either withhold the rentand deposit it into an escrow account ORpay for the repair and deduct the costfrom the rent.Note: The landlord must have beenprovided with notice of the problem, andmust have been given a reasonable amountof time to fix the problem.■ Escrow Account: A bank account or otheraccount held by a third party, generallyestablished in the name of the tenant, intowhich whole or partial rent payments aredeposited to show that the tenant was ready,willing, and able to pay the rent, but iswithholding the rent until a certain problem isfixed that the landlord is legally responsible forfixing. Once the problem is taken care of, theescrowed rent amount will be released to thelandlord.27