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Repairs, Maintenance, and Entry to Rented Premises
A tenant can also sue the landlord for a partial refund of past rent, and in some circumstances can sue for the discomfort, annoyance, and emotional distress caused by the substandard conditions.
Your best bet is to handle repairs as soon as possible (or delegate the repairs to the tenant in exchange for decreased rent). Take care of major problems, such as a plumbing or heating problem, within 24 hours. For minor problems, respond in 48 hours. Always keep tenants informed as to when and how the repairs will be made, and the reasons for any delays.
Entry to Rental Property
Typically, after giving notice to tenants, you can enter rented premises in order to make needed repairs (or in some states, just to determine whether repairs are necessary), or to show the property to prospective new tenants or purchasers.
States typically require you to provide 24 hours' advance notice before entering a rental unit.
Without advance notice, in most states a landlord or manager may enter rented premises while a tenant is living there only in an emergency, such as a fire or serious water leak, or when the tenant gives permission.
Several states also allow landlords or property managers to enter rental property during a tenant's extended absence (often defined as seven days or more) in order to maintain the property as necessary and to inspect for damage and needed repairs. In most cases, a landlord may not enter just to check up on the tenant and the rental property.
FAQs
- Are there any limitations on the use of repair and deduct?
- Does the implied warranty of habitability apply only to tenants living in slum buildings?
- Does the landlord have the obligation to maintain the premises and to make repairs if defects occur?
- What can the tenant do if the landlord refuses to maintain the premises?
- Can the tenant do anything if the landlord refuses to make repairs?
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