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Real Property • Landlord-Tenant
PROP#074
Legal Definition
In residential leases, even if the tenant agrees to perform repairs, the landlord is still usually obligated to repair anything necessary to maintain the property as being suitable for a human to live in (due to the implied warranty of habitability).
However, in commercial leases, a tenant's covenant to repair is enforceable, though the tenant is not generally liable to rebuild after structural damage or destruction unless the covenant expressly includes these types of repairs.
A covenant to repair usually includes ordinary wear and tear, unless otherwise specified.
However, in commercial leases, a tenant's covenant to repair is enforceable, though the tenant is not generally liable to rebuild after structural damage or destruction unless the covenant expressly includes these types of repairs.
A covenant to repair usually includes ordinary wear and tear, unless otherwise specified.
Plain English Explanation
Some leases require the tenant to promise that they will handle the repairs. In residential leases, this doesn't relieve a landlord of their obligation to provide a habitable shelter.
However, in commercial (non-residential) leases, if a tenant promises to handle repairs then they must handle all repairs necessary to ensure that the property is given back to the landlord in the same (if not better) condition as when they first rented it. Note that this type of covenant does not apply if the structure is destroyed due to no fault of the tenant. In that case, the tenant isn't expected to pay to rebuild the structure (unless they have explicitly agreed to this in the lease).
However, in commercial (non-residential) leases, if a tenant promises to handle repairs then they must handle all repairs necessary to ensure that the property is given back to the landlord in the same (if not better) condition as when they first rented it. Note that this type of covenant does not apply if the structure is destroyed due to no fault of the tenant. In that case, the tenant isn't expected to pay to rebuild the structure (unless they have explicitly agreed to this in the lease).
Visual Aids
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