Q: I live in a 12-unit apartment building. When the previous owner died, his will provided an apartment "rent-free for life" to a friend of mine. The building was sold recently and the new owners are aware of the agreement and do not collect rent from this tenant. But an issue has come up and I am wondering who is legally responsible for the maintenance inside this rent-free apartment? They are claiming that since my friend doesn’t pay rent they are not obligated to make any repairs to his unit. He is not asking them to renovate or upgrade the apartment but just to fix things that break. Does this make sense?

A: This is an interesting situation that does not commonly occur and the only way to accurately answer your question is to review the will or other appropriate documents to see the exact provisions of the bequest. It is possible that there were limitations or requirements placed on the use or maintenance of the rent-free apartment as part of the bequest. However, assuming the documents are silent or not available, it seems that the current owners of the property are legally responsible for the maintenance required for this particular apartment under the standard interpretation of an owner’s responsibility to maintain and repair rental property. Simply stated, the current owners must maintain this apartment in exactly the same manner as they are legally required for all of the other units in the building.

The provision of a life estate to your friend would not seem to change the normal obligation of a landlord to properly maintain the premises in a usual manner. I would suggest your friend send a letter to the owner outlining their understanding of the arrangement and ask the new owner to respond with their reasons why they are unwilling to make routine repairs. Of course, if they have some legal basis then your friend should seek legal advice as well.

Q: Late last year the roofs were completely replaced on my apartment building. I had never had any roof leaks. Recently, I returned from a week’s vacation to find that my new roof had leaked and my bed and dresser were completely soaked and ruined.

I made a claim for approximately $1,000 to the property manager and owner and they have turned my file over to their insurance company. The insurance company has been impossible and has given me the runaround for nearly four months. Is there an agency where I can file a complaint against the apartment complex and the insurance company?

This column on issues confronting tenants and landlords is written by property manager Robert Griswold, author of "Property Management for Dummies" and co-author of "Real Estate Investing for Dummies."

E-mail your questions to Rental Q&A at rgriswold.inman@retodayradio.com.

Questions should be brief and cannot be answered individually.

***

What’s your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story.

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