THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, April 13, 1996 TAG: 9604110245
SECTION: REAL ESTATE WEEKLY PAGE: 40 EDITION: FINAL
COLUMN: Landlords & Tenants
SOURCE: Greg McCracken
LENGTH: Medium: 64 lines
The lease has been signed and the tenant has moved in. Who is responsible for the maintenance of the premises?
Most leases have a standard provision or provisions that define the parties' respective duties and obligations regarding the habitability of the premises.
Even without this provision, the landlord is obligated to comply with applicable building and housing codes materially affecting health and safety; to make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; to keep common areas clean and structurally safe; maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, and to supply running water, hot water, heat and, if provided, air-conditioning.
The tenant is obligated to obey any applicable provisions of the building and housing codes affecting health and safety.
Further, the tenant must keep the premises as clean and safe as conditions permit; remove from the dwelling all ashes, garbage, rubbish, and other waste in a clean and safe manner and place it in appropriate receptacles; keep all plumbing fixtures as clean as conditions permit; and use all utilities, electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other services in a reasonable manner.
Additionally, the tenant may not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person to do so. Finally, the tenant and any guest upon the premises with tenant's consent shall conduct themselves in a manner so as to not disturb the neighbors.
If the landlord fails to supply essential services, the tenant must serve written notice on the landlord specifying the breach and allow reasonable time for the landlord to correct the breach. The reasonableness of the time will depend upon the nature of the situation, e.g., no heat in the middle of the winter would require a quick response.
If the problem is reported and uncorrected, the tenant has no right to withhold rent until the problem is corrected. The tenant may recover damages based upon constructive eviction for his inability to use any or all of the dwelling unit and secure reasonable substitute housing during a landlord's non-compliance.
In these situations, the tenant must file a pleading with the court for the landlord's non-compliance and pay the rent into an escrow account with the court so that the court may determine what, if any, rent is owed to the landlord during the period of non-compliance. The tenant may also be entitled to recover attorney's fees.
Finally, the tenant's rights under this section do not arise if the condition was caused by the deliberate or negligent act of the tenant, a member of tenant's family, or a person on the premises with the tenant's consent. MEMO: Greg McCracken is a Virginia Beach lawyer. Send questions to him at 4705
Columbus St., Virginia Beach, Va. 23462-6749. The fax number is
552-6016; e-mail, hpmv(AT)livnet.com
by CNB