Question

Kirk's new landlord promised to repair the HVAC unit and plumbing issues before Kirk moved in. Kirk moved in, and then discovered that the landlord hadn't made the agreed-upon repairs. The landlord promised to do so within the next month, so Kirk remained. If the landlord fails to make the repairs, what are Kirk's options?

a) Kirk can terminate his rental agreement and vacate the property within one month of the landlord's failure to make promised repairs.
b) Kirk can't terminate his lease based on the landlord's failure to make repairs because he didn't check to see that the repairs had been made before he moved in.
c) Kirk must provide the standard required notice to vacate since he stayed longer than one week after moving in and finding that the repairs weren't made.
d) Since Kirk relied on the landlord's promise to correct the repairs after he moved in, he retains the right to terminate his agreement if the landlord fails to make the repairs.

Answer 1

Kirk's options for dealing with unfulfilled repair promises from his landlord include terminating his rental agreement if it allows, providing proper notice if required, and seeking legal advice if necessary, especially if the lack of repairs affects habitability.

Step-by-step explanation:

When faced with a landlord who has not fulfilled their promise to make repairs that were agreed upon before the tenant, Kirk, moved in, Kirk has several options, typically based on local laws and the specific rental agreement terms. If Kirk's landlord fails to make the repairs within the promised timeframe, Kirk may have the right to terminate his rental agreement. However, Kirk must review his lease agreement for any clauses that dictate procedures in the event of the landlord's failure to carry out promised repairs, such as providing a written notice of intention to terminate.

The lease might also specify a period during which Kirk must inform the landlord of his intention to vacate, such as a standard 30-day written notice. If the lease includes a clause that allows for termination if repairs are not made, Kirk can likely pursue this without any penalty as long as he follows the notice requirements. This right generally stems from the implication that the lease's terms, including the promise of repairs, would be adhered to.

Moreover, if the promised HVAC unit and plumbing issues are severe enough to render the property uninhabitable under local housing standards, Kirk might have additional protections under tenant law, such as the implied warranty of habitability, which requires landlords to maintain rental properties in a livable condition.

Ultimately, Kirk should document all communication regarding the repairs and the landlord's promises, as well as any impact the issues have had on his living conditions. If the landlord continues to neglect their obligations, Kirk may consider seeking legal advice or contacting local tenant advocacy groups for guidance on his rights and possible actions he can take, including withholding rent or repairing and deducting, dependent on local regulations.