Recently, a tenant renting a high-end property for R75,000 a month encountered a significant issue: the entire house became damp, with walls bubbling like bubble wrap. Despite the substantial rent being paid, the landlord claimed he couldn't afford to fix the problem. This raises a critical question: how should tenants deal with landlords who expect rent but fail to maintain the property?
Understanding Maintenance Responsibilities
In cases of mold or dampness, it's crucial to distinguish between issues that fall under routine maintenance and those that signal structural defects. Mold can sometimes be managed with regular cleaning, but when entire walls start bubbling, the issue is likely structural. The landlord, regardless of their financial situation, is typically responsible for addressing such problems, especially if they're related to the structure of the property.
Landlords should review their insurance policies to determine if these repairs are covered. However, if the repairs are not covered, it still falls on the landlord to fix the issue. Ignoring such problems can lead to worsening damage, which will only increase repair costs down the line.
The Tenant's Right to Place the Landlord on Notice
Tenants are within their rights to place the landlord on terms if essential maintenance is neglected. For example, under a fixed-term lease, a tenant can give the landlord 20 business days to address the issue. If the landlord fails to do so, the tenant may have grounds to cancel the lease due to breach of contract. In cases where extensive repairs are needed, both parties should negotiate a timeline that minimizes inconvenience to the tenant, such as completing repairs over a six-month period.
When Tenants Prevent Maintenance
Landlords aren’t always the party at fault. For instance, consider a luxury property where the tenant, over five years, refused access to workers due to health concerns, resulting in significant deterioration of the property. In this scenario, the tenant could be held liable for the damages. Lease agreements typically grant the landlord reasonable access for repairs, and preventing such access for an extended period (five years in this case) is generally considered unreasonable. The landlord may have grounds for a damages claim based on the deterioration that occurred during the tenant’s occupancy.
Misrepresentation and Tenant Expectations
It's essential for landlords to accurately represent the condition of the property and its amenities. For example, if a property is advertised with a working fireplace, but the fireplace turns out to be non-functional, the tenant has the right to expect it to work unless otherwise disclosed. If it’s merely decorative, this should be explicitly stated before the lease is signed. Failure to do so could lead to claims of misrepresentation, giving the tenant grounds to cancel the lease or demand repairs.
Handling Maintenance of Appliances and Other Items
Appliances and other amenities like pools, ovens, or jacuzzis that come with the property should be maintained to their expected lifespan. If an oven breaks, for instance, the landlord should replace it with a similar model unless the tenant was responsible for excessive wear and tear. Life expectancy is key here—landlords are generally responsible for replacing items that fail due to age rather than tenant misuse.
Wear and Tear vs. Tenant Damage
One of the most contentious issues in rental agreements is determining what constitutes normal wear and tear versus tenant-caused damage. For instance, if a tenant leaves minor marks on the wall after five years, it may be unreasonable for the landlord to demand a complete repaint unless the damage is significant. The age and condition of the property at the start of the tenancy play a significant role in determining what is reasonable.
Landlords must also consider the lifespan of items like carpets and curtains. If these items were already several years old when the tenant moved in, the landlord might not be entitled to compensation for normal wear and tear by the end of the tenancy.
Conclusion
Both landlords and tenants have specific rights and responsibilities regarding property maintenance. Landlords must ensure that the property remains in a habitable condition, addressing structural issues promptly, while tenants must allow reasonable access for repairs and maintain the property responsibly. Clear communication and adherence to the terms of the lease agreement are crucial in avoiding disputes and ensuring a fair resolution when issues arise.