Hi all.
Another question posed by a valued Rental Retainer Club member which has relevance to this amazing group and which I answered, and share herewith, for everyone's benefit.
QUESTION:
I had a tenant who came and asked what is the landlord’s responsibility in making sure the premises has water after day zero. My understanding is that the owner doesn’t have any obligations. How does this impact keeping the homes clean. It is the tenant’s responsibility to clean the homes, but with limited water? This could become a disputed item. Also can they request a reduction in rental for reduction in supply of services?
I would like to inform our tenants and landlords of their rights and responsibilities, and know you have done a few articles on this with regards to gardens and pools.
Thank you in advance.
MY ANSWER
Day zero is not an event falling within the control of the parties to a lease agreement. Accordingly, should either party be unable to fully perform his / her contractual obligations as a result thereof, their failure to do so would not constitute a breach of contract, nor would it entitle the other party to withhold due performance of the remainder of his / her obligations under the lease.
Essentially, day zero and the resultant limitations / restrictions would constitute an act of God, and a contracting party’s inability to discharge his / her obligation as a result thereof is not actionable.
A tenant therefore cannot request a reduction in rental as a result of the limitations to be imposed on day zero, and a landlord similarly cannot be unreasonable in his / her expectations of the tenant, insofar as maintenance and cleaning of a property is concerned.
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