What are the
duties of a landlord?
- Duty to
deliver possession of the leased property
Under the traditional rule, a landlord was not
obligated to provide possession of the property
to the tenant at the inception of the leasehold.
However, most states in America have adopted
statutes that require a landlord to provide
possession to the tenant when the lease begins.
- Duty to
repair
Under the common law rules, a landlord
is not obligated to perform repairs of the leased
property. However, modernly, most leases contain
covenants that obligate the landlord to perform
repairs of the property.
- Quiet
Enjoyment
Every lease has an implied covenant of
quiet enjoyment. In the case of actual or
constructive eviction, the covenant of quiet
enjoyment is breached and the tenant is free from
his/her obligations to pay rent.
- Duty to keep
common areas safe
Landlord generally has a duty to keep
the common areas (e.g. swiming pool in an
apartment complex) safe.
For more
information, see the links below:
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