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serrow

can you really ask t/b to do maintenance

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I scanned through a few state landlord tenant codes and I saw a recurring theme of maintenance being the responsibility of the landlord unless it was due to damage caused by tenant. Here's a sample of my own state's law (hawaii).

 

By law, the landlord is obligated to make repairs due to normal wear and tear or maintenance required as time goes by. In all repair cases, the landlord has a good faith requirement to start the repairs as soon as possible. However, Hawaii law also states that the tenant is responsible to repair any problem caused by his or her misuse.

http://hawaii.gov/dcca/areas/ocp/landlord_...t_msg/7663.html

 

This does tend to throw out the window of asking the tenant to cover repairs, or asking them to cover the first $X. I cannot imagine this does not come up in other states. what are you guys doing to overcome this?

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serrow, state and local laws will always override whatever may be in your contract. So if your state says otherwise, you may not be permitted to have the t/b pay for maintenance and repairs. Is the law the same for an optionee, or tenant/buyer? It's probably a good idea to run any contracts you use by a knowledgeable real estate attorney to have them tweaked to meet state and local laws.

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