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Simple English definitions for legal terms
duty to repair
Read a random definition: supplemental complaint
A quick definition of duty to repair:
A duty to repair means that someone is responsible for keeping a property in good condition. This duty applies to people who live on the property or make money from it. Landlords also have a duty to make sure their properties are safe and livable. Laws about this duty can vary depending on where you live.
A more thorough explanation:
A duty to repair refers to the responsibility of a tenant or landlord to maintain a property in a reasonable state of repair, except for ordinary wear and tear. This duty is usually governed by state statute and varies depending on the jurisdiction.
For a life tenant, the duty to repair is limited to the reasonable rental value of the property if they personally occupy it. If not, it is to the extent of income derived from the property. A tenant for a term of years has a similar duty to repair, but it is not limited to income or rental value. Landlords also have a duty to ensure that their facilities are habitable, and they must make repairs and conduct maintenance to ensure this. For example, in New York, landlords have 24 hours to complete a repair for some immediately hazardous conditions, such as a gas leak or lack of heat.
These examples illustrate how the duty to repair applies to different types of tenants and landlords and how it varies depending on the jurisdiction. It also shows how landlords have a responsibility to ensure that their facilities are safe and habitable for their tenants.