CONSUMER RIGHTS
A landlord’s obligation: maintenance and repairs
Generally a landlord must provide and maintain rental property to obey the terms of the rental agreement. The landlord (or his/her representative) must be accessible to the tenant and his obligations vary from state to state, some of which include:
a) Keeping the premises as per code or Act
b) Maintaining the roof, walls and structural components
c) Keeping common areas reasonably clean and safe
d) Providing a reasonable programme for the control of pests
e) Providing the necessary facilities to supply heat, electricity, and hot and cold water
f) Providing reasonably adequate locks
g) Maintaining appliances furnished with the rental unit and
h) Complying with any duties imposed by local laws
Upkeep and Repairs
Where there are codes and enactments with details of obligations (as in the US) the landlord must maintain the premises in compliance with those specific building codes and local ordinances. Common areas must be kept clean and safe; facilities and appliances must be in reasonably good working order. In addition, damage caused by weather, acts of God (such as earthquakes, accidents), or damage caused by unknown third parties which are not specified either in law or in the agreement are generally the responsibility of the landlord.
Similarly, a tenant also has certain responsibilities to keep the unit clean and safe, and may not deliberately or negligently destroy, damage or remove any part of the premises. One must notify the landlord (in writing) when major repairs are needed. After such notification a defective condition and unless circumstances are beyond the landlord’s control, the landlord will get a cer
tain amount of time to make repairs: one of the US codes prescribed the following limits:
. 24 hours to restore lost heat or water or remedy a condition that is imminently hazardous to life
.24 hours to provide hot or cold water, heat or electricity
.72 hours to repair major plumbing fixtures and, if supplied by the landlord, the refrigerator, cooking range and oven
.Not more than 10 days for other repairs.
In U.S.A. various federal, state and local laws and ordinances protect housing rights. The Federal Fair Housing Act of 1968 makes it illegal for a landlord to discriminate because of a person’s race, sex, national origin or religion. Some local laws forbid discrimination against unmarried person’s, children, homosexuals, disabled persons or others.
In India the constitution guarantees a fundamental right against discrimination, which is supposed to deal with such situations of denial of access on these grounds. Rent control laws do not have such provisions. In some cities, bachelors, journalists and advocates do not get premises on rent.
Washington has a Residential Landlord-Tenant Act which defines the minimum duties of landlords and tenants of residential dwellings. These laws also impose certain restrictions and provide remedies if one party fails to carry out a duty. The remedies include eviction, reduced rent, self-help repairs, the right to sue for money damages and an award of attorney’s fees to the successful party. There are other housing codes and local ordinances enacted in many communities to set minimum standards for living conditions and to further regulate a landlord’s and tenants’ rights and duties.
For example, the City of Seattle requires the disclosure of specific information on local ordinances, the concerned person has to contact the city council, city attorney or other official where he or she lives. And in the case of mobile houses, both landlords and tenants are subject to the rules of the Mobile Home Landlord- Tenant Act.
MADABHUSHI SRIDHAR
The author is a professor at NALSAR University of Law, Hyderabad
a) Keeping the premises as per code or Act
b) Maintaining the roof, walls and structural components
c) Keeping common areas reasonably clean and safe
d) Providing a reasonable programme for the control of pests
e) Providing the necessary facilities to supply heat, electricity, and hot and cold water
f) Providing reasonably adequate locks
g) Maintaining appliances furnished with the rental unit and
h) Complying with any duties imposed by local laws
Upkeep and Repairs
Where there are codes and enactments with details of obligations (as in the US) the landlord must maintain the premises in compliance with those specific building codes and local ordinances. Common areas must be kept clean and safe; facilities and appliances must be in reasonably good working order. In addition, damage caused by weather, acts of God (such as earthquakes, accidents), or damage caused by unknown third parties which are not specified either in law or in the agreement are generally the responsibility of the landlord.
Similarly, a tenant also has certain responsibilities to keep the unit clean and safe, and may not deliberately or negligently destroy, damage or remove any part of the premises. One must notify the landlord (in writing) when major repairs are needed. After such notification a defective condition and unless circumstances are beyond the landlord’s control, the landlord will get a cer
tain amount of time to make repairs: one of the US codes prescribed the following limits:. 24 hours to restore lost heat or water or remedy a condition that is imminently hazardous to life
.24 hours to provide hot or cold water, heat or electricity
.72 hours to repair major plumbing fixtures and, if supplied by the landlord, the refrigerator, cooking range and oven
.Not more than 10 days for other repairs.
In U.S.A. various federal, state and local laws and ordinances protect housing rights. The Federal Fair Housing Act of 1968 makes it illegal for a landlord to discriminate because of a person’s race, sex, national origin or religion. Some local laws forbid discrimination against unmarried person’s, children, homosexuals, disabled persons or others.
In India the constitution guarantees a fundamental right against discrimination, which is supposed to deal with such situations of denial of access on these grounds. Rent control laws do not have such provisions. In some cities, bachelors, journalists and advocates do not get premises on rent.
Washington has a Residential Landlord-Tenant Act which defines the minimum duties of landlords and tenants of residential dwellings. These laws also impose certain restrictions and provide remedies if one party fails to carry out a duty. The remedies include eviction, reduced rent, self-help repairs, the right to sue for money damages and an award of attorney’s fees to the successful party. There are other housing codes and local ordinances enacted in many communities to set minimum standards for living conditions and to further regulate a landlord’s and tenants’ rights and duties.
For example, the City of Seattle requires the disclosure of specific information on local ordinances, the concerned person has to contact the city council, city attorney or other official where he or she lives. And in the case of mobile houses, both landlords and tenants are subject to the rules of the Mobile Home Landlord- Tenant Act.
MADABHUSHI SRIDHAR
The author is a professor at NALSAR University of Law, Hyderabad
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