|
Although the Landlord's exact responsibilities may vary from state to state, the Tenant can expect the Landlord to perform certain responsibilities that are imposed by state or local law. These responsibilities may be voluntarily increased or clarified by the terms of the lease agreement, but cannot be escaped. For example, the Landlord generally must provide the Tenant with "quiet enjoyment" of the property, and maintain safe and healthy living conditions (in the areas under the Landlord's control). The Landlord must also ensure that the property complies with all health and safety building codes, must keep the premises in good repair, must maintain all electrical, plumbing, and heating facilities (if such services are supplied by the Landlord), must keep all common areas safe and clean, and usually must provide adequate heat, running water, and trash collection services.
Virtually every state prohibits the Landlord from escaping these basic responsibilities, despite the Landlord's attempts to do so by inserting escape language in the lease agreement. Any such lease provisions are often unenforceable. Furthermore, the Tenant may have the right to withhold rent and/or to "repair-and-deduct" as necessary to remedy a problem. On the other hand, it is not uncommon for the Landlord to delegate minor repair responsibilities to the Tenant, especially in a single-family dwelling lease.
|