55-225.3 - Landlord to maintain dwelling unit.
§ 55-225.3. Landlord to maintain dwelling unit.
A. The landlord shall:
1. Comply with the requirements of applicable building and housing codesmaterially affecting health and safety;
2. Make all repairs and do whatever is necessary to put and keep the premisesin a fit and habitable condition;
3. Maintain in good and safe working order and condition all electrical,plumbing, sanitary, heating, ventilating, air-conditioning and otherfacilities and appliances, including elevators, supplied or required to besupplied by him;
4. Supply running water and reasonable amounts of hot water at all times andreasonable air conditioning if provided and heat in season except where thedwelling unit is so constructed that heat, air conditioning or hot water isgenerated by an installation within the exclusive control of the tenant orsupplied by a direct public utility connection; and
5. Maintain the premises in such a condition as to prevent the accumulationof moisture and the growth of mold and to promptly respond to any notices asprovided in subdivision A 8 of § 55-225.4.
B. The landlord shall perform the duties imposed by subsection A inaccordance with law; however, the landlord shall be liable only for thetenant's actual damages proximately caused by the landlord's failure toexercise ordinary care.
C. If the duty imposed by subdivision A 1 is greater than any duty imposed byany other subdivision of that subsection, the landlord's duty shall bedetermined by reference to subdivision A 1.
D. The landlord and tenant may agree in writing that the tenant perform thelandlord's duties specified in subdivisions A 2, 3, and 4 and also specifiedrepairs, maintenance tasks, alterations and remodeling, but only if thetransaction is entered into in good faith and not for the purpose of evadingthe obligations of the landlord.
(2001, c. 524; 2008, cc. 489, 640.)