Landlord's Obligations under Lease
When a lease is signed between a landlord and a tenant, the landlord has certain legal obligations to the tenant. The landlord must:
- Deliver the property to the tenant when the lease begins;
- Deliver a livable, habitable property;
- Repair the property.
Duty to deliver the property
When a landlord and tenant enter into a lease, the landlord promises to give the tenant possession of the property. If someone else is occupying the property when the lease is signed, the landlord must make sure those occupants leave.
Duty to deliver habitable property
A landlord must give the tenant property that is livable or habitable. Generally a landlord must:
- Meet the requirements of any applicable housing and building codes relating to health and safety;
- Make all necessary repairs and keep the property in a fit and habitable condition;
- Keep all common areas of the property (lobby, elevators, shared hallways, stairs etc.) in a reasonably safe condition.
Duty to repair the property
A landlord must make reasonable and necessary repairs to the property to keep it in a livable condition. This may include the duty to maintain and repair the following systems:
- Electrical
- Gas
- Plumbing
- Heating
- Hot water
- Air conditioning
If the landlord does not meet these obligations, a tenant can usually withhold payment of rent until the landlord makes the necessary repairs to make the premises habitable. This is called "constructive eviction."
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