Another exception concerns a defect caused due to the negligence of the tenant.
The tenant must maintain the apartment so that it is not damaged.
This exception derives from section 24 of the Lease Law, which states that “for the purposes of the Guardians Law, 1967, a tenant shall be regarded as a guard whose purpose of preserving the property is as a result of his possession.”
And if we have already touched on the matter of negligence, then the burden is on the tenant to prove that he was not negligent. And it is not the landlord’s responsibility to prove that the tenant was negligent.