We constantly hear about “bad” tenants and how they refuse to pay rental or damage property and the predicament it leaves the landlord in, but we never really talk about “bad” landlords, and believe me, they do exist. What do you do if your landlord refuses to properly maintain the house you are renting?
Rental agreements place numerous obligations on tenants, from paying rental to maintaining the house that they rent. It is often forgotten that a rental agreement places certain obligations on the landlord as well, and not just to provide a tenant access to the house. A landlord has an obligation to maintain the house you rent, within reason, of course. But what do you do if a landlord refuses to replace or repair general wear and tear to a house.
It often happens that tenants refuse to pay rental until such time as a landlord decides to replace or repair wear and tear to the house. This is a dangerous thing to do as it places you, as tenant, in breach of the rental agreement, because rental agreements usually contain a clause, prohibiting a tenant from withholding payment of rental and by doing this a tenant only creates problems for himself.
If a landlord fails to comply with the terms of the rental agreement, a tenant has the option to place the landlord on terms for breach of agreement. Most rental agreements have a clause setting out the procedure for placing a defaulting party on terms. When following this procedure, a tenant creates a situation where he/she is in a position to either cancel the rental agreement or claim for damages or do both.
Contact us if you believe that your landlord is not fulfilling his obligations in terms of the rental agreement, and you require advice.
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