Exactly what repairs and maintenance should a tenant be required to do?

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Exactly what repairs and maintenance should a tenant be required to do?

12. MAINTENANCE, REPAIR, REPLACEMENT AND RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this South Carolina Lease Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall: A. Maintain grounds of the Premises including any and all mowing, trimming and pruning at Tenant’s expense; Not obstruct the driveways, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; B. Repair or replace at Tenant’s expense any and all defective appliances and all systems including plumbing, electrical, HVAC heating and cooling machines, ductwork, as well as all building components including floors, ceilings, walls, siding, roof, foundation, sump pump and gutters; Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair…”.

The rent is less than half of market.

Asked on July 31, 2011 South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Good question.

Typically most written lease's terms set forth the obligations owed between the landlord and the tenant as to each other concerning the rented property unless the terms are in violation of state law or local ordinances.

Most leases require the tenant to maintain the rented unit in clean and habitable condtion using ordinary care to maintain it as such.

The lease's provisions that you have provided go well beyond what is typically seen in a standard landlord tenant agreement as to a lease of property where the vast bulk of the property's care and maintenance is on the tenant.

The reason for this is because the monthly agreed rental is less than one half of market rate. In essence, under the lease the tenant needs to do what the lease clearly states where the burden on the stated items that may need repairs falls upon the tenant as well as the maintenance requirements. 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Good question.

Typically most written lease's terms set forth the obligations owed between the landlord and the tenant as to each other concerning the rented property unless the terms are in violation of state law or local ordinances.

Most leases require the tenant to maintain the rented unit in clean and habitable condtion using ordinary care to maintain it as such.

The lease's provisions that you have provided go well beyond what is typically seen in a standard landlord tenant agreement as to a lease of property where the vast bulk of the property's care and maintenance is on the tenant.

The reason for this is because the monthly agreed rental is less than one half of market rate. In essence, under the lease the tenant needs to do what the lease clearly states where the burden on the stated items that may need repairs falls upon the tenant as well as the maintenance requirements. 


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