Duty to repair - sustany/dvg GitHub Wiki

A duty to repair, generally, refers to the duty of a life tenant to maintain the property in a reasonable state of repair. There is an exception for ordinary wear and tear.� If the individual personally occupies the land, this duty is limited to the extent of the reasonable rental value of the property.�Otherwise, it is to the extent of income that is derived from the property.

There is a similar duty for a tenant for a term of years.�It is not, in this case, limited to the extent of income or reasonable rental value.�The duty of the tenant for the term of years is usually governed by state statute as a lessee. Residential lessee's generally are not under a duty to repair according to such statutes.

This duty also exists for landlords, who are required to ensure that the facilities are �habitable.� Landlords must make repairs and conduct maintenance to ensure this habitable condition, and these laws vary slightly depending on jurisdiction.�

For instance, in New York, landlords have 24 hours to complete a repair for some �immediately hazardous conditions.��

See e.g., Sanchez v. Irun, 83 A.D.3d 611, 2011 N.Y. Slip Op. 3345, 922 N.Y.S.2d 324 (N.Y. App. Div. 2011); Michalowitz v. Friedman, 43 A.D. 3d 1007 842 N.Y.S.2d 509 (2007).