Who is Responsible .. Repair and Maintenance

Posted by: Nick Johnson in TenantLandlordDue Dilligence on

A landlord or property manager has certain responsibilities toward the tenants of each rental.  They are expected to provide an inhabitable and peaceful space for each tenant to reside.  These invaluable rights of tenants have prompted many states to create renter's rights and these laws protect and govern the proper care of rental properties.  These laws ensure the landlord follows through.  Still generally speaking the proper care of rental property by the landlord or property manager falls into two categories of maintenance and repair. It is important to distinguish the differences between the two.Repair and Maintenance

Many people think along the lines that repair to the rental property includes every small detail when truly there are different levels of importance.  Generally speaking repair would fall under if anything on the property breaks, malfunctions or fails to provide a service. Then the landlord or property manager is responsible for repair as soon as possible.  Renter's rights include that the tenant should not be inconvenienced by such problems.  With this in mind, there are such repairs that fall under the necessities of daily life, well being and hygiene. 

These include clean running hot and cold water, air-conditioning and good aeration.  In this respect, the landlord should maintain these items on a consistent basis so that in the long run, repairs are not costly to the property owner.  Faulty plumbing and electrical can cause not only a tenant to leave and break a lease; end of rental income but also can be a violation of housing authority codes and result in legal and civil actions.  Still there is a fine line for the landlord and proactive care. 

There are grounds for discovery if the tenant in anyway shape or form caused damage to the property, then they are responsible for any repairs.  This is the main reason landlords ask for a security deposit because one cannot know the future risk involved.  Also on the other side of the coin, this is why many renters acquire their own insurance.  Still even so if the tenant caused the damage to the property, the landlord is still responsible for the repairs and the costs inquired.  It may be that the landlord can deduct any costs from the security if need be. 




A common example of such an occurrence would fall with the plumbing.  Let's say the tenant installed a washer and dryer hook-up but the connection to the washer created a drip onto the floor.  While the connection was faulty on the tenant, it was the landlord's water supply that caused the damage. The tenant may have neglected to see the leak and over time, more damage occurred to the floor. 

The landlord must pay for the repairs to the floor but not the connection tubing to the washer and if it has been assessed that the tenant failed to see the damage and have it corrected in a timely fashion, then the tenant is also going to pay a fraction of the repairs.  It is all about assessing where the neglect lies and promoting a fair decision.  This is why shows like The People's Court exist to mediate such decisions.

Still if there is damage to the property's structure, it is the job of the landlord to decide how and who caused the damage.  This is why it remains important that documented photos pre-move-in be taken so that there is a basis of comparison and protection for both parties.  If the tenant is at fault, it remains the job of the landlord to repair the damages.  Once again, the landlord can charge the tenant for the repairs. There can also be situations where the tenants will make the repair themselves and then see it as an improvement above the original condition of the property and try to deduct the expenses from their rental payment.  This should never be done unless the landlord and renter agree upon the repairs and the amount to be deducted from the rent. 

Also if such damages continue, it falls on the landlord to warn the tenant especially if a pattern emerges.  It can be stipulated in a lease that the tenant should be mindful of ordinary wear and tear and anything above that will be taken into consideration upon return of the security deposit.  Also that failure to keep the property in its original condition can terminate the lease agreement.

As a rule in property management and for the protection of such an investment, general maintenance must happen on a regular basis.  This is the main role of the landlord, to ensure that such things get done. Many people when they become attracted to the prospect of investment property do not consider the extra services involved that either falls on the landlord as extra man-hours or fees.  For example, mowing the lawn or snow removal, many do not think about it.  Other maintenance may include buffing the hardwood floors, fixing the roof or painting the hallway.  Little things like the lawn or snow removal can be addressed as the tenant's responsibility if it is agreed upon under an amendment in the lease.  These agreements should be spelled out and clear to the tenant upfront so there are not any misunderstandings.

For a landlord that may have several rental properties and not much time on their hands to provide such services and care to tenants, these landlords would find it beneficial to hire a property management service or outsource such duties.  Many real estate companies offer such services but also on a smaller scale, one can hire a handy man or a couple to live on the premises and manage all the day-to-day stuff.  This may lighten the burden and allow the investment to work independently for itself.




Still it makes common sense that preventive measures should be taken so that the property does not fall into decline and require a huge investment to be inhabitable.  It also falls on the landlord to use their better judgment when screening applicants and if they will do a good job of looking after the place.


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