Repairing damage to leased premises

A reader recently resumed possession of premises which he had originally leased out for five years. After having obtained the keys to the premises, he went, together with the lessee, to inspect it and was shocked to find that the house had suffered considerable damage.

He demanded that the lessee carry out the necessary repairs to restore it to the state in which he had originally leased it. Since the lessee refused to do so, the landowner has had to incur considerable expense to repair the house before leasing it again to a third party.

The reader is holding the old lessee responsible for these expenses, which were both ordinary and extraordinary in nature.

What is the landowner's position at law?

A lessee is bound to make use of the thing let to him as a bonus paterfamilias and to restore it to the landlord in the same condition in which he received it. The lessee is liable for any deterioration or damage which occurs to the property during the enjoyment of the lease (by any act or default on his part or the members of his family), unless he may prove that such deterioration or damage was not his fault.

In determining the liability, one must consider the nature of the repairs which the reader had to carry out and what caused them, such as whether through fair wear and tear or through the lessee's negligence. For example, if, throughout the lease, the lessee was well aware that a particular ceiling or wall needed repair or maintenance, and he did not bother to inform the landlord on the matter, he could be held responsible for not acting with the necessary care and diligence. The reason being that, his failure to report this to the landlord resulted in a repair of an extraordinary nature, which would naturally be costlier.

A lessee should immediately inform the landlord of any necessary repairs and if the landlord refuses to do so, he should incur the repairs himself at his own expense (especially if they require immediate attention) and then request the landlord to reimburse him. After all, it is in the landlord's interest that his property is kept in a good state of repair.

The courts generally take into consideration the nature of the repairs. In fact, extraordinary repairs are meant to be carried out by the landlord at his own expense, while the lessee should pay for ordinary repairs.

However problems may arise when a repair which was of an ordinary nature, in time, ends up being an extraordinary repair.

During the period of the lease, the lessee is bound to carry out the repairs to stoves, panes and glass, shutters, window-frames, hinges, bolts and locks.

The reader should consider all these issues before instituting any legal action against the lessee demanding that he be reimbursed for the expenses he incurred.

The reader should carry out frequent inspections of the leased premises to detect, at an early stage, any damages that require repair or maintenance works. Thus will avoid any further damages that may occur to the leased premises.

Send your legal problems, of general public interest, together with your name and address, to The Lawyer, c/o The Sunday Times, PO Box 328, Valletta CMR 01 (fax: 2124-0806, e-mail: sunday@timesofmalta.com).