What qualifies as a “necessary repair” as stated in a lease agreement?

Get Legal Help Today

 Secured with SHA-256 Encryption

What qualifies as a “necessary repair” as stated in a lease agreement?

My lease states my landlord can enter the premises to “make necessary or agreed upon repairs, alterations, etc.” Do I have the right to say “no” to cosmetic changes or does he have the right to change whatever he wants regardless of whether it’s “necessary” or not?

Asked on November 9, 2011 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Most written elases define certain terms within them such as in your case "necessary repair". As such, carefully read your written lease (assuming you have one) and see if the term is defined. If not, the term will be defined in its ordinary sense. Meaning, repairs that are customarily needed as to a structure including cosmetic repairs.

In your situation, a landlord has the right to enter a rental upon reasonable notice. Typically 24 hours is deemed reasonable notice by a landlord to enter a unit to make repairs, show the property for sale, to make repairs.

In your situation, your landlord has the right upon reasonable notice to make cosmetic repairs to the unit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption