Question from a reader:
Please tell me about the cost of replacing the rubber packing in the water supply. If there are no special provisions in the rental agreement, does the tenant not have to bear that cost? When I asked the management company to repair it, they said it was the tenant’s responsibility, but I am anxious about it.
Considering
the Cost of Replacing Water Supply Rubber Packing
When the rubber packing in the water supply deteriorates and causes a leak, how to deal with it and who bears the cost are very important issues for many people living in rental properties. This time, I would like to delve into this issue from a legal perspective.
Basic Concepts of Rental Agreements
First, what is important in a rental agreement is the rights and obligations of both the tenant and the landlord. Generally, the maintenance and management of rental properties are the landlord’s responsibility. This is widely known as a general rule of rental agreements. However, since there are individual differences in specific contract contents, it is important to check whether there are any special provisions. For example, in some rental agreements, the tenant may be responsible for minor repairs. If such a special provision exists, it is likely that the tenant will have to bear the cost of replacing the rubber packing. On the other hand, if there is no special provision, the landlord will usually bear that cost.
Specific Cases of Rubber Packing Replacement Costs
I remember an episode from when I was working part-time at a judicial scrivener’s office. A customer came in to consult about replacing the rubber packing in the water supply. He said, “There are no special provisions in the rental agreement, but when I contacted the management company, they told me the cost is the tenant’s responsibility.” I was surprised to hear this. He believed that since he was the tenant, the landlord should bear the cost of repairs. However, the management company said that the tenant was responsible according to the special provisions. What is important here is to carefully check the contents of the rental agreement when the tenant signed it. If there are special provisions, the tenant’s responsibility is unavoidable.
Actual Legal Judgment Criteria
The legal judgment criteria regarding repairs and maintenance in rental agreements are based on the Civil Code. Article 601 of the Civil Code details the landlord’s obligations in rental properties. Specifically, it states that the repair of defects inherent in the rental property is the landlord’s responsibility. This means that the landlord has an obligation to provide the property in a condition suitable for the tenant. If there are no special provisions, the landlord should typically bear the cost of repairing the rubber packing. However, if it is explicitly stated in the special provisions that the tenant is responsible, then the tenant will bear that cost. The issue here is whether the content of the special provisions is clear. It is necessary to confirm whether what the management company is saying is correct or if it differs from the tenant’s understanding.
Points to Confirm and Countermeasures
Now, how should one actually confirm this? Please consider the following points. 1. Recheck the rental agreement First, it is important to read the rental agreement carefully again. Check what the contents are if there are any special provisions. 2. Communication with the management company It might be good to ask the management company on what basis they determined that it was the tenant’s responsibility. By hearing specific reasons, you may obtain materials that help you understand the situation. 3. Consider legal consultation If it is difficult to resolve the issue, considering legal consultation is also an option. By hearing the opinion of an expert, you can clarify your position.
Mindset as a Tenant
Living in a rental property means that repairs and troubles are unavoidable. When faced with such situations, it is important to calmly analyze the situation and respond correctly. Especially, to make the right judgment from a legal perspective, it is essential to gather appropriate information and thoroughly understand the contract contents. Finally, a rental agreement is not something that is finished once signed. It requires constant review and confirmation. That is why it is necessary to understand the contract contents and make efforts to prevent troubles in advance. The issue of the rubber packing in the water supply can also be seen as part of this. In any case, carefully confirming the contents of the contract and understanding your rights is the first step as a wise tenant. Each of us is required to have the knowledge to live comfortably in a rental environment. This is my perspective on the legal aspects of the cost of replacing the water supply rubber packing and how to deal with it. I would be very happy if this blog can help someone in a similar situation.