ABA Family Legal Guide

Renting Residential Property

Maintaining Rental Property

Does the tenant have any obligation to the landlord regarding the maintenance of the premises?

Traditionally, the tenant has the duty not to commit waste. That means the tenant may not cause unreasonable and permanent damage to the property.

Landlord-tenant laws have modified this concept. The tenant must comply with the sections of housing codes concerning keeping the premises clean and disposing of trash in a reasonable manner and in the facilities that the landlord supplies. The tenant must not damage the property negligently or deliberately. When moving out, the tenant must return the property to the landlord in clean and repaired condition, except for reasonable wear and tear. (See "Security Deposits" on page 225.)

Some leases still place some of the burden of maintaining the apartment on the tenant. Some leases require the tenant to return the apartment to the landlord upon moving out in perfect condition, without any wear and tear. Some of these lease clauses may be legal in some places, but even so, a landlord probably could not enforce such requirements on a tenant.