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Is this a legal and fair lease clause?
Anonymous4 views1 answers
Tenant shall keep and maintain the Premises and every part thereof, except the roof, service lines to the
building, foundation and exterior walls (windows, doors and hardware being under the responsibility of
Tenant), clean and in good order and condition and shall make all repairs and replacements thereto and to
each and every part thereof which may be necessary, required or desired. Tenant shall be solely responsible for all heating, ventilating, air conditioning, plumbing,
electrical and mechanical systems, facilities, equipment, fixtures and appliances and parts thereof; all doors,
windows, glass and hardware; all floor, ceiling and wall coverings; all sidewalks
and landscaping; and all Improvements.
As an attorney not licensed in Pennsylvania, I see nothing improper about this clause, although it does put more responsibility on the tenant for repairs than is normally the case. This type of clause would be more appropriate if you are renting a house, than if you were renting an apartment.
It is more likely than not legal, however. I recommend that you do a little research by looking up Pennsylvania's landlord-tenant statute (go to your state legislature webpage and find a link to your state's statutes), and read the section on repairs. If the clause you quote does not contradict the statutory provisions on repairs, it is very likely to be enforceable by the landlord. If the landlord-tenant statute does not give you clarity, seek a Pennsylvania landlord-tenant's advice on the clause, which could very possibly be free, since it would be a fairly simple question for someone who practices this kind of law in your state.
