Who Repairs A Damaged Apartment? Landlord or Tenant?

This is why it is very important for you to have a tenancy agreement reviewed by your lawyer before you pay money to get an apartment.

Generally a tenancy agreement stipulates various duties that both the landlord and tenant should carry out during the tenancy period. These duties are called Covenants and it outlines which duties you should carry out and those of the landlord in respect of maintaining the structures in the apartment and its surrounding and effectively stipulates who is liable when there is a conflict.

From your question,  it is evident that you have been given a quit notice and the quit notice still makes you a tenant till your tenancy expires.  Your allusion to ertain damages that are natural and some man made, does follow. If you intentionally destroyed the door in your apartment during the tenacy period, it is your duty to repair it even though your given a quit notice unless the landlord can sue you for repairs even after the tenacy expires and if the roof is leaking, it is the duty of the landlord to repair it if it has been caused by natural causes.

You have to be specific to tell me what the real issue is in respect of repairs that you are talking about for me to know who actually carries the burden of responsibility to carry out that repair.

If you dont have a tenancy agreement, the law squarely puts it in the hands of the tenant to carry out that repair except it can be inferred that a landlord is the one in charge of it.

Cheers!

Thank you for your advice lawyer, let me just give you the picture of the whole issue.  The agent gave everybody in the house quit notice just because we all failed to attend a meeting he scheduled for one saturday.  May be other tenant will go and talk to him later but I was not ready because I was getting tired of the house already.  I called the agent and the landlord if they will be willing to  return my balance if am packing out immediately, and they said yes.  I have spent 4 months and I have about 120k to get as my balance.  Many of those things used in the finishing of the house were of  inferior qualities. It is a new house though, but somethings were spoilt before we packing and he was aware of it like some door handles.  The plumbering is another issue.  I have spent so much on putting the plumbering into place when I packed in newly.  I told the agent and the landlord but he said since I have taken possesion I have to be responsible. Some I was able to achieved some I could not.  The man wants to take advantage of my balance with him. He wants me to put the whole apartment into the new form and I think landlord are expected to carry out some repairs on his own or a joint effort of tenant and landlord, i stand to be corrected pls. The major repair is the plumbering and repairs in the kitchen cabinent.  Also, thief came to our house sometimes in August and went away with two meter (PHCN) including the one am using. The man said I will have to pay for it.  The meter is placed in the steer case everybody is using.  what should I do, I need my money badly. Thanks.
y

Hello Lawyer,
I sent a mail to you, kindly check and reply. It's quite urgent.

Ok this is a Minor TENANCY 101   For all tenants regarding the Issue of Repairs in a House and you should study it carefully to know Your RIGHTS and the Rights of the Landlord:

1. Never rent a House without a Tenancy Agreement unless its just a penny wise pound foolish behaviour on your own part.

2. In every Tenancy agreement, there are what they call COVENANTS. These Covenants are rules and regulations that have been agreed between the Tenant and Landlord on how the Tenancy should be run through out the Rent Period.

3. In most Tenancy Agreements, there are what they call COVENANT TO REPAIR. An agreement without this clause should be frowned upon by the tenant unless the law will deem that you have consented to repair everything in the house whether its your fault or not. Make sure you go through it thoroughly before you consent to it.

The purpose of this covenant is to ensure that the property is kept in good condition and to ensure that the value of the property does not depriciate. BOTH THE LANDLORD AND TENANT have their respective OBLIGATIONS to repair.

For the purpose of determining the obligation to repair, the parts of the building are classified under law to determine which parts a Landlord and a Tenant is obligated to repair.

A. STRUCTURAL PARTS: E.g Foundation, Roof, Drainages, Walls etc. In short anything that has to do with the structural parts of a building is under th obligation of the landlord to repair compulsorily.

B. COMMON PARTS: E.g Stair case, lifts etc (These are parts that deal with common places in the house that adjoins the property together for common Use)

C. INTERIOR: Door, Windows, Cupboards, Sinks etc (These deal with the interior of the house and its your duty to repair them because you use it for your own convience)   

So in short, the Landlord repairs the Common and Structural Parts while you the Tenant repairs the Interior parts.

Now if the Landlord has defaulted in repairing his own parts, the remedy open to you in law is to give notice of repair, demand for Specific performance to repair or when you move out seek for damages in respect of refund of the money spent. You must document all these for your claims to be valid.

Now to answer your question Dovent:

1. You didnt state how many years rent you paid whether it was one or 2 years rent. Even more so, if you have stayed 4 months and the landlord gives you a quit notice, a quit notice is only effective for a valid 6 months since i assumed the rent is paid for a year or 2, so therefore you are a yearly tenant. You are not expected to pack out of that house until the expiration of the 6 months quit notice no matter how he threatens you. If you have only spent 4months, the Landlord is entitled to refund your balance of the remaining year since he knowingly breached the agreement for you to spend the whole one year or 2 years to enjoy quiet enjoyment in that place.

So dont be afraid the law is adequately behind you there.

Also in respect of the repairs, as you must have read above, the landlord is to repair the plumbling since it is part of the structural parts of the house except you delibrately busted a pipe due to your own negligence while in use for your own enjoyment. If it was bad before you entered the House, it is the landlords duty to repair it.

In respect of the door handles, it is you that should repair it if it spoils because you might want to upgrade it to a better form of security for your own convience but as per the door itself, the landlord should repair it if it was bad before you moved in. Also in relation to the Kitchen sink, it is you that should repair it since you used it for your own convience.

Remember the exact state of the house before you moved in would be the balance of possiblities in law to determine what you should do and what the landlord should do. If you consented to move into a poorly built house to move in and saw all the defects and did not press for repairs, then the law wont really aid you, so check the facts again and see where you were wrong and where the landlord is wrong too.

Also anything that has to do with Nepa meter is usually a joint effort between the landlord and tenant to replace or repair unless the tenant has more to lose if you have a very stubborn and stingy Landlord.

Cheers!

na wa for una if na say u be landlord u go make that kind post kai the people well it all depends on the agreement you have or didnt you sign any agreement before taaking the house if you did then no need to ask questions its usually stated there

Tenant's responsibilities
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Landlord's responsibilities/Tenant's rights:

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      A clean apartment when the tenant moves in;
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      Clean common areas (hallways, stairs, yards, entryways);
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      Well lit hallways and entryways; and,
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      Properly working plumbing and heating (both hot and cold running water). 

To add to what Lawyer said, as a tenant it's important to take stock of the condition a rental apartment is in and give the Lanlord the condition document to sign before you move in.

It is the duty of the Landlord to repair any damage thing in his house not the tenant.

When I used to leave in Lagos, the Landlolrd did nt take responsibilty for any repairs in the house, the tenants fixed everything within their flats, no more no less.

The Landlords in these part of the world are not responsive.

You don't have to reply to every topic especially if you don't know. 

landlord of course!