A Landlord should always follow the terms of the lease. This means that if they are responsible for making repairs or maintaining the landscape, they must comply. There are some Landlords that believe that if they are evicting their Tenant, they no longer need to make repairs. Unfortunately, this is not the case. To learn about why Landlords still need to make repairs during an Eviction, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
Do not make the mistake of ignoring a Tenant’s Request for Repairs even during an Eviction
There is nothing more frustrating for a Landlord than a Tenant that does not pay their rent. They not only lose money but have to incur costs to remove the Tenant. However, if a Landlord decides to file the Eviction, the terms of the lease still apply. While it may appear that a Landlord no longer is required to make repairs, the law does not give them the right to ignore the responsibilities. In other words, they must continue the Landlord/Tenant relationship as though the Eviction is not occurring. Once the Sheriff comes to the property to execute the Writ of Possession removing the Tenant, the obligation to make repairs ends.
On the other hand, the Landlord’s failure to make repairs will likely not affect the final removal of the Tenant. However, it could delay the process as the Tenant may inform the Judge of the refusal to make repairs. This could give the Tenant some relief during the case but will not change the outcome. Additionally, we always inform our Landlord clients that although the Eviction will be completed, the Tenant can still file a separate lawsuit against them for damages. While this occurs after the Eviction, the Landlord can still be liable for the breach of the lease. As a result, they may be required to pay damages as well as the Tenant’s Attorney Fees.
Our office stresses to our clients that are Landlords that until the Tenant is removed by the Sheriff, the lease is still active. If you have questions or concerns about why Landlords still need to make repairs during an Eviction, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
