What are the work obligations as a tenant?
Lease disputes are common in the real estate industry. They arise when one party does not fully understand the responsibilities of the other. Learn your responsibilities so that your tenant cannot sue you for negligence. If, for example, the tenant is responsible for normal maintenance tasks, you will likely be responsible for more extensive renovations. Read on to learn more.
A brief summary of the landlord's responsibilities and rights with respect to the work
Tenants are legally obligated to meet the deadlines specified in their rental agreement. One way to demonstrate punctuality is to pay rent on time. The tenant also agrees to perform routine maintenance and minor repairs on the property, such as changing locks, changing light bulbs, servicing the boiler with a licensed service provider, etc. At the end of the lease, the leased premises must be returned in good condition, although reasonable wear and tear may be overlooked (the longer the occupant has been there, the more wear and tear is taken into account).
However, the landlord must hand over the keys to a safe, pleasant and sanitary dwelling. Specifically, there must be nothing that would compromise the safety or health of the tenant. In this case, repairs are required before the house can be rented. It is often the landlord who pays the bill for any major maintenance or repairs that may be required. These are maintenance problems that are not the result of tenant misconduct. They are due to age and use, an accident or a defective component.
In a rental situation, who is responsible for repairs?
The renter's responsibility for "minimum repairs" is limited to the rental agreement. If there is a disagreement about what types of work fall into this category, we will refer to the relevant legal documents for guidance. Minor repairs are those that do not require the expertise of a specialist or are inexpensive to perform. This "maintenance" work is well within the tenant's control and can be done by anyone.
On the other hand, when the services of a craftsman are required, the cost is often charged to the owner. All structural repairs and renovations must be paid for by the landlord. In addition, the landlord is responsible for any difficulties that arise in the apartment or house due to age, construction defects, weather or shoddy workmanship.
The tenant is responsible for any major repairs that occur due to lack of maintenance, and the landlord has the right to refuse to pay for them. Especially for the more expensive projects, legal action may be necessary if the dispute cannot be settled amicably.
The rights and responsibilities of the landlord are defined in great detail by the law of September 21, 2006, which governs residential leases and amends certain provisions of the Civil Code. In cases like this, judges often refer to this book for guidance.
Disputes between tenants and landlords: what can be done to prevent them?
The use of a real estate agency is strongly advised if tensions between the tenant and the landlord tend to increase. The latter is an alternative to the landlord who can take over all management responsibilities. When an agency is retained for this purpose, it assumes the role of the main point of contact for the tenant in case of problems.
The landlord, on the other hand, is always kept informed of the status of the files and has the final say on all matters relating to the work.