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Q.What if a tenant agreed to make all repairs in the rental agreement or lease?
A.Although the landlord and tenant may agree in a rental agreement or lease that the tenant will perform all repairs and maintenance in exchange for a reduced rent, such an agreement must be made in good faith: there must be a real reduction in the rent and the tenant must intend and be able to make all the necessary repairs.
When negotiating such an agreement, the tenant should consider placing a cap on the amount that the tenant can be required to spend making repairs.
Executing such an agreement, however, does not negate the landlord's responsibility for maintaining the property as required by the state and local housing codes.
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