Legal Q&A: Do temporary water shutoffs force rent discounts?

October 1, 2015

Question: At my property, we are currently doing renovations, and have notified all the residents that there will be noise and water shutoffs. One resident said they are entitled to rent discounts because of the situation, is it true?

Ted Kimball
Kimball, Tirey & St. John LLP

Answer: There is no “automatic” reduction in rent allowed for temporary shutoff of water, and/or noise created by renovation or routine maintenance.

Question: We rent a house to a family. My husband helped the tenant move a washing machine into the laundry room and noticed that the tenant’s defective hoses had leaked water onto the sheetrock. We want to have the sheetrock repaired. Can we deduct the cost from his security deposit and then send a 30-day notice for the tenant to reinstate that amount?

Answer: It is better to request the tenant to pay for the damage repair and keep your deposit intact until after they leave. If they do not pay, serve them a three-day notice to perform covenant or quit to pay for the amount of the repair.

Question: I heard that if a tenant is using drugs on a property, the landlord can be charged on a drug charge, is this true?

Answer: A landlord can be cited for maintaining a drug-related nuisance if he or she does not take reasonable steps to remove the illegal drug activity from the property. The local enforcement agency must first advise the landlord of the nuisance.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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