The landlord is obliged to make the necessary repairs during the lease


The landlord is obliged to make the necessary repairs during the lease

If the property needs major repairs after the conclusion of the lease or during the lease, the landlord is obliged to make the necessary repairs. If the landlord does not carry out major repairs, the tenant can file a lawsuit seeking to oblige the landlord to overhaul the property. After examining the matter and, if necessary, referring the matter to the official expert of the judiciary, the court will sentence the defendant to carry out major repairs.
Litigation parties: In this litigation, the tenant (plaintiff) files the lawsuit on behalf of the landlord (defendant).

Competent authority to hear: The jurisdiction of the courts of justice in financial claims is higher than twenty million tomans. Therefore, if we calendar the request to carry out major repairs in the amount of more than twenty million tomans, the court whose property is in its jurisdiction is competent to hear. However, if we reduce our demand to less than twenty million Tomans, the Dispute Resolution Council at the location of the property will have the authority to handle the dispute.

How to execute the final decision, based on the landlord’s obligation to repair, if the landlord does not make the desired overhaul, the tenant can make the desired repairs to the landlord’s account based on the opinion of the official expert of the judiciary, and deduct from the rent Slowly If the rent does not cover the cost of repairs, the tenant can seize the landlord’s other property and pay for the repairs from the place of sale. If the property is not available from the landlord, the landlord will be called in until the repairs are paid.

Some key points related to the landlord’s obligation to make major repairs to the same tenant:

  1. If the landlord does not carry out a major repair within the time limit set by the court, the tenant can, with the supervision of the court, repair the property and demand its costs from the landlord or terminate the lease. In case of termination of the lease agreement as described above, the tenant can, through an independent lawsuit, request the return of the property deposit amount from the landlord.
  2. The tenant, without a court order, can not make major repairs to the property. If the tenant makes major repairs without the court’s permission, he or she cannot claim repairs from the landlord.
  3.  Determining whether the required repair is part of the major or non-major repairs with the court.
  4.  If there was a defect in the leased property at the time of the contract, the tenant can terminate the lease. Unless the landlord fixes the defect in the property.
  5.  If the need to repair the property is due to improper and unconventional use of the tenant of the property, the owner can not be forced to repair the property.