Landlord Demanding Repairs for Flood Damages

/in /by

I am renting an apartment in one of the municipalities. Our apartment and the entire neighbourhood was constantly flooded during the recent El Niño rains. A lot of the infrastructure in the apartment was damaged during the rain. I have considered ending my lease and moving to another area to avoid similar flood problems in the future. Last week, I notified my landlord about my intention to end the lease as stipulated under the lease agreement but his reply surprised me. My landlord demanded that I should leave the apartment in the same condition as it was when the lease began. He further added that I repair the apartment including the damage caused by the floods. I do not believe this is fair. Why should I repair the apartment while the damage was caused by something that was out of my control and likely because of the landlord’s own construction? What does the law say about this?
FS, Morogoro

We are sorry to hear about the damage to your apartment. It is true the El Niño rains have caused devastating impacts to many households. Since you were renting the apartment and had a lease agreement with your landlord, your relationship is governed by the Land Act [CAP 113 RE 2019]. Usually lease agreements contain the terms binding on the landlord and the tenant. However, even if certain terms are not stated in the lease agreement, the Land Act may consider them implied terms and thus are part of the agreement.

In regard to your question, section 89(1)(c) of the Land Act [CAP 113 RE 2019] summarily provides that it is implied in every lease that a tenant will yield up a building in the same condition as they were when the term of the lease began. However, the tenant is not bound to repair damages or restore the building to the same conditions they were at the beginning of the lease, where the damage or deterioration of the conditions is caused by reasonable wear and tear, accidents not caused by negligence of the tenant, disasters such as floods, earthquakes, and civil commotion. Assuming you are not withholding any information, the damage caused due to flooding is not for you to repair. Your lawyer can guide you further.