Landlord demanding repairs

I am renting an apartment in Morogoro Town. Our neighbourhood has been constantly flooded during the recent rains and a lot of the infrastructure in my apartment is now damaged. I have considered ending my lease and moving to another area. Last week, I notified my landlord of my intention to end the lease, but his reply surprised me. My landlord demanded that I 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 rain. 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? What does the law say about this? 

FS, Morogoro

We are sorry to hear about the damage to your apartment. Since you were renting, we assume you had a lease agreement with your landlord. Lease agreements are governed by the Land Act Cap. 113 [R.E. 2023]. 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 93(1)(c) of the Land Act summarily provides that it is implied in every lease that a tenant will yield up a building in the same condition as it was 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, floods, earthquakes, or civil commotion. If what you said is true, we think you can talk to your landlord about the rain damage and find a solution. Consult your lawyer for further guidance.