A Landlord’s Responsibility for Maintaining Rental Property

A landlord's responsibility for maintaining rental property includes keeping the property habitable. The property must be maintained to be safe and sanitary, but codes vary by location. Find out what your landlord’s responsibility in maintaining rental property includes.

UPDATED: Jul 12, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 12, 2023

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UPDATED: Jul 12, 2023Fact Checked

Landlords have the responsibility to maintain residential rental property and repair any defects or problems. Under most state law, there is an implied warranty of habitability; that is, a landlord not only must deliver residential rental property to the tenant in a habitable condition, but s/he remains responsible for maintaining the property in a habitable condition during the term of the lease.

“Habitability” is typically defined in local housing codes. It is usually defined as the minimum standard for decent, safe, sanitary housing suitable for residential purposes.

Most communities have local housing codes. The codes are local ordinances or laws that require owners of real property, including landlords, to maintain the property and make any necessary repairs. These codes typically require that any residential rental property offered by a landlord must meet the minimum standards established in the code.

The landlord’s responsibility is not only to deliver the rental property to the tenant in compliance with the housing codes but also to maintain compliance with the housing codes throughout the term that the tenant has use and possession of the rental property.

For example, if there is a problem with the plumbing that you didn’t cause, the landlord is responsible for repairs. Fortunately, there are steps you can take if your landlord doesn’t make timely repairs.

This video details the landlord’s responsibility and what your rights are as a tenant.

If you have a complaint, you can notify the landlord and the appropriate housing authority; however, do not threaten to notify the housing authority and not do it in order to get some landlord concession as this could be a form of “extortion”.

Case Studies: Conditional Use Permit Applications in Various Zones

Case Study 1: Plumbing Issue (John’s Experience)

John, a tenant in a rental property, discovers a plumbing problem in his unit. Despite notifying the landlord, the necessary repairs are not made promptly. Frustrated, John researches his rights as a tenant and learns about his landlord’s responsibility to maintain the property. With this knowledge, he takes appropriate action to ensure the plumbing issue is resolved and his living conditions improve.

Case Study 2: Code Compliance (Sarah’s Situation)

Sarah moves into a rental property and soon realizes that the property fails to meet the minimum standards established in the local housing code. Concerned about her safety and well-being, Sarah educates herself about her landlord’s responsibility for maintaining the property. She takes proactive steps to address the code violations and ensure the property is brought up to the required standards.

Case Study 3: Habitability Concerns (Mark’s Troubles)

Mark encounters various habitability concerns in his rental property, including pest infestation and unsafe living conditions. Realizing that these issues fall under his landlord’s responsibility, Mark documents the problems and promptly notifies his landlord. Mark seeks housing authority assistance when the landlord neglects his tenant rights and needed improvements.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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