The Landlord's Duty

Some thoughts about your duty when the Tenant makes a Security Device Request....

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A landlord must comply with tenant requests within a  reasonable time.  Different time periods  are presumed reasonable in particular cases. First, a landlord's compliance with a tenant's  request for rekeying, changing, installing,  repairing, or replacing a security device is presumed reasonable if  it occurs no later  than the seventh day after the date the request is received  by the landlord.  Second, when the  landlord is entitled to payment in advance, the landlord's  compliance with a tenant's request is presumed reasonable if it  occurs no  later than the seventh day after the payment is made. 

The presumption that the time period is a reasonable one may  be rebutted  by the landlord. The rebuttal may be made by showing that, despite  the  landlord's diligence, (1) the landlord did not know of the tenant's  request,  without the fault of the landlord; (2) materials, labor, or utilities  were  unavailable; or (3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member  of the  landlord's immediate family.

In certain urgent circumstances a speedy response is required,  notwithstanding other statutory provisions. A landlord must comply with the  request no later than 72 hours after the time of receipt of the tenant's  request and any required advance payment if, at the time of the request, the  tenant informs the landlord of the following:

• An unauthorized entry occurred or was attempted in the  tenant's  dwelling;

• An unauthorized entry occurred or was attempted in  another unit  in the tenant's multiunit complex during the two months preceding  the date of  the request; or

• A crime of personal violence occurred in the multiunit  complex  during the two months preceding the date of the request.

These rules do not apply to a landlord's duty to install or rekey,  without  necessity of a tenant's request, a security device. 

[ Up ] [ Required Security ] [ Tenant's Requests ] [ The Landlord's Duty ] [ Selecting the Devices ] [ Sued by the Tenant ] [ Landlord Defenses ]

Email:  Darrell W. Cook

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