Is the landlord required to make repairs if its mentioned in the lease?
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Is the landlord required to make repairs if its mentioned in the lease?
The lease states that basements are not guaranteed to be free from water, however the basements flood when there is heavy rain fall.
Asked on October 5, 2011 under Real Estate Law, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Whether or not it is mentioned in the lease, the landlord is required to maintain the premises in a habitable condition. In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes. When the landlord is notified of a breach of the implied warranty of habitability, the landlord is required to respond within a reasonable time by making the necessary repairs. If the landlord fails to respond within a reasonable time, the tenant has the following remedies for a breach of the implied warranty of habitability: The tenant can make the repairs and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant decides to stay on the premises, the tenant can withhold rent and defend against eviction. Another alternative is to sue the landlord for breach of the implied warranty of habitability.
The flooded basement is a health and safety issue and constitutes a breach of the implied warranty of habitability. The fact that the lease states that the basements are not guaranteed to be free from water does not mean the landlord is not required to repair the damage to the flooded basement.
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