Landlord’s Responsibilities for Maintenance

I know of one case wherein the landlord failed to allow her property manager to perform necessary maintenance on the property. The property manager had no choice but to early terminate the management agreement to avoid liability exposure for itself. Consequently, the landlord became holder of the security deposit, and was now in sole control of the property having now to make management decisions without the benefit of professional counsel. The landlord still refused to repair the property. To make matters worse, the landlord refused to refund the security deposit at move-out without justifiable grounds.

The property was in deplorable condition even on the day the tenant took first occupancy, and it never got better throughout the lease period. The property condition at move-in was well documented on the move-in inventory and even with photographs. The landlord attempted to shift responsibility for the property’s poor condition onto the tenant and withheld all of the deposit. There was absolutely no justification for this so the tenant retained legal counsel and took it to court.

Not only did the court agree with the tenant that the deposit should be refunded in full, it also awarded the tenant with diminished valued resulting in a refund from the property owner of 50% of the rents that had been paid over the course of the twelve month occupancy. Also awarded were treble damages plus attorney’s fees to cover the tenants’ legal expenses. Treble damages and attorney’s fees are a matter of statute and not just a court opinion. 

Because no other tenant prospect was willing to accept the property condition, the landlord had let the property foreclose. Having no revenue stream from rents to help offset the court judgment, the landlord was given 30 days to obtain and deliver the funds. No funds were ever delivered. The landlord was cited for contempt of court, arrested, and put in jail to satisfy the judgment.

It does not have to end this way. Tenants have rights and responsibilities and so do landlords. I hope this message gets heard loudly and clearly by whoever needs to hear it.

Daniel R. Wilhelm
Executive Broker
3 Options Realty, LLC., CRMC®, The Green Broker
678-397-1282
dan @ 3OptionsRealty.com

The author of this Blog is neither an attorney nor an accountant.  Nothing written should be construed as legal advice.  Conclusions conveyed are outcomes based upon practical experience and should not be depended upon to be a common outcome of other similar circumstances. Consult with a professional before making tax or legal decisions.