Habitability - Tenant Responsibility
Post date: Jul 25, 2016 8:49:51 PM
Tenants are required by law to take reasonable care of their rental units, as well as common areas such as hallways and outside areas. Tenants must act to keep those areas clean and undamaged. Tenants also are responsible for repair of all damage that results from their neglect or abuse, and for repair of damage caused by anyone for whom they are responsible, such as family, guests, or pets. Tenants' responsibilities for care and repair of the rental unit are discussed in detail below.
Limitations on landlord's duty to keep the rental unit habitable
Even if a rental unit is unlivable because of one of the conditions listed above, a landlord may not be legally required to repair the condition if the tenant has not fulfilled the tenant's own responsibilities.
In addition to generally requiring a tenant to take reasonable care of the rental unit and common areas (see above), the law lists specific things that a tenant must do to keep the rental unit liveable.
Tenants must do all of the following:
Keep the premises "as clean and sanitary as the condition of the premises permits."
Use and operate gas, electrical, and plumbing fixtures properly. (Examples of improper use include overloading electrical outlets; flushing large, foreign objects down the toilet; and allowing any gas, electrical, or plumbing fixture to become filthy.)
Dispose of trash and garbage in a clean and sanitary manner.
Not destroy, damage, or deface the premises, or allow anyone else to do so.
Not remove any part of the structure, dwelling unit, facilities, equipment, or appurtenances, or allow anyone else to do so.
Use the premises as a place to live, and use the rooms for their intended purposes. For example, the bedroom must be used as a bedroom, and not as a kitchen.
Notify the landlord when dead bolt locks and window locks or security devices don't operate properly.