Sarah has rented a house from Frank. The house is only two years old, but the ro

Question

Sarah has rented a house from Frank. The house is only two years old, but the roof leaks every time it rains. The water that has accumulated in the attic has caused plaster to fall off ceilings in the upstairs bedrooms, and one ceiling has started to sag. Sarah has complained to Frank and asked him to have the roof repaired. Frank says that he has caulked the roof, but the roof still leaks. Frank claims that because Sarah has sole control of the leased premises, she has the duty to repair the roof. Sarah insists that repairing the roof is Frank’s responsibility. Discuss fully who is responsible for repairing the roof and, if the responsibility belongs to Frank, what remedies are available to Sarah.  

Explanation / Answer

As per previous law,the landlord was under no duty to repair leased premises or to warrent that the premises were habitable.The tenent took the property as is and accountable to make any repairs. But previous law has been replaced by the implied warrenty of habitablity.As per implied warrenty of habitablity, when house has rented,it meets basic living and safty standards.

In the above case, roof leaks in rains. As per the implied warrenty of habitability,Frank is responsible for repairing the roof.

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