questions & answers

Question: We received info about renewing our lease, at a property where we have lived for almost 1 year. When we moved in, we noticed the irrigation system needed repairing, but the property mgmt. company said the landlord would not repair it, and to use an above ground sprinkler, which we did. One of the conditions on the option to renew states: "The tenant shall maintain the landscape irrigation system, including the automatic timer, in good working condition and make any needed repairs at their sole expense." Isn't this forcing us to repair the irrigation system was never worked right? Ideas?

Answer: Given that the terms of a rental agreement generally determine what the specific responsibilities of the landlord and the tenant will be – so long as those terms are consistent with the law – you are wise to be concerned about agreeing to a new term that appears likely to permit the landlord to hold you responsible for repairing an already-broken irrigation system in the future. If any term makes you uncomfortable, you should ask that it be changed or removed and if necessary even decline the option to renew the lease. If you feel that the landlord may not be completely trustworthy when it comes to this issue, then you may even want to have a new term of your own included in the rental agreement that expressly addresses the situation.