Justice Ch. 5 Art. IX Occupancy Standards (§§5-301–5-310) § 5-308
Maintain Fit Premises
Operative Text
(a) The landlord shall maintain the premises in substantial compliance with the applicable codes of the Village and shall promptly make any and all repairs necessary to fulfill this obligation. (b) The landlord and tenant of any dwelling unit may agree that the tenant is to perform specific repairs, maintenance tasks, alterations or remodeling only if: (1) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration; and (2) The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises. (Ord. 97-2, § 8, 1-27-1997)
Section 5-308 of Justice's Occupancy Standards requires landlords to keep rental premises in substantial compliance with applicable Village codes and to make necessary repairs promptly. While the default duty rests with the landlord, the rule allows a landlord and tenant to shift certain repair or maintenance responsibilities to the tenant through a written agreement—but only under specific conditions designed to prevent abuse. Critically, any such agreement cannot reduce the landlord's obligations to other tenants in the same building.
Plain English — not legal advice.
Under § 5-308, compliant operators routinely inspect their properties, address code deficiencies without delay, and document repair activity to demonstrate ongoing compliance with Village standards. If a landlord wishes to delegate specific maintenance or repair tasks to a tenant, § 5-308(b) requires a separate, signed written agreement supported by adequate consideration and entered into in good faith—not as a workaround to avoid legal obligations. Operators should also confirm that any such arrangement has no effect on the habitability or code-compliance obligations owed to other tenants in the same building.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5-308 gives tenants a baseline right to occupy premises that are maintained in substantial compliance with Justice Village codes, with the landlord bearing the primary duty to make prompt repairs. If a landlord asks a tenant to take on repair or maintenance responsibilities, § 5-308(b) sets clear conditions—the agreement must be in writing, signed, supported by real consideration, and entered into in good faith rather than as a way to shift the landlord's legal duties. Tenants who believe their unit falls below code standards may raise a § 5-308 violation as a defense in relevant proceedings, file a complaint with the appropriate Village authority, or consult a tenant-rights organization to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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