Which Maintenance and Repairs Should a Tenant be Responsible For?
Rental Property Investor · Columbus, OH · Member since 2021 · 231 posts · 188 votes
Which Maintenance and Repairs Should a Tenant be Responsible For?
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John UnderwoodPro Member
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votesQuote from @Thomas O'Donnell:
How do you determine who is responsible for repairs/maintenance?
Obviously if the furnace or AC goes out, or you have leaks coming from the roof or upstairs bathroom, it seems that it would be the landlord's responsibility to address and fix these issues. But what kinds of other issues could be caused by the tenant, that they should be responsible for paying for? And how would you structure this in the lease so there is a rule that states that a tenant must pay for certain repairs if things are their fault? We all know there can be damage, leaks, etc. that are due to the neglect or actions of the tenant. How can we protect ourselves as landlords and make sure we aren't the ones eating the costs?
The landlord should be responsible for all repairs unless the tenant caused damage or broke something.
19 Replies
- 3yJohn UnderwoodPro MemberInvestor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
Quote from @Thomas O'Donnell:
How do you determine who is responsible for repairs/maintenance?
Obviously if the furnace or AC goes out, or you have leaks coming from the roof or upstairs bathroom, it seems that it would be the landlord's responsibility to address and fix these issues. But what kinds of other issues could be caused by the tenant, that they should be responsible for paying for? And how would you structure this in the lease so there is a rule that states that a tenant must pay for certain repairs if things are their fault? We all know there can be damage, leaks, etc. that are due to the neglect or actions of the tenant. How can we protect ourselves as landlords and make sure we aren't the ones eating the costs?
The landlord should be responsible for all repairs unless the tenant caused damage or broke something.
- Rental Property Investor · Columbus, OH · Member since 2021 · 231 posts · 188 votes3y
Quote from @John Underwood:
Quote from @Thomas O'Donnell:
How do you determine who is responsible for repairs/maintenance?
Obviously if the furnace or AC goes out, or you have leaks coming from the roof or upstairs bathroom, it seems that it would be the landlord's responsibility to address and fix these issues. But what kinds of other issues could be caused by the tenant, that they should be responsible for paying for? And how would you structure this in the lease so there is a rule that states that a tenant must pay for certain repairs if things are their fault? We all know there can be damage, leaks, etc. that are due to the neglect or actions of the tenant. How can we protect ourselves as landlords and make sure we aren't the ones eating the costs?
The landlord should be responsible for all repairs unless the tenant caused damage or broke something.
Yes, but once you find out that they did, how would you go about the situation in having them pay for it to be fixed? One would think they would accept responsibility but some people do not. What if they refuse to pay? Evictions are not cheap and threatening an eviction could get them to cause more damage.
- 3yJohn UnderwoodPro MemberInvestor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
Quote from @Thomas O'Donnell:
Quote from @John Underwood:
Quote from @Thomas O'Donnell:
How do you determine who is responsible for repairs/maintenance?
Obviously if the furnace or AC goes out, or you have leaks coming from the roof or upstairs bathroom, it seems that it would be the landlord's responsibility to address and fix these issues. But what kinds of other issues could be caused by the tenant, that they should be responsible for paying for? And how would you structure this in the lease so there is a rule that states that a tenant must pay for certain repairs if things are their fault? We all know there can be damage, leaks, etc. that are due to the neglect or actions of the tenant. How can we protect ourselves as landlords and make sure we aren't the ones eating the costs?
The landlord should be responsible for all repairs unless the tenant caused damage or broke something.
Yes, but once you find out that they did, how would you go about the situation in having them pay for it to be fixed? One would think they would accept responsibility but some people do not. What if they refuse to pay? Evictions are not cheap and threatening an eviction could get them to cause more damage.
You get it fixed, add it to the rent and work out a payment plan.
Get something in writing from the repair person stating they beleive the tenant caused the damage.
- Investor · Baton Rouge, LA · Member since 2019 · 184 posts · 167 votes3y
I would add anything broken by a tenant due to abuse or negligence to a list of items to deduct from the deposit once the tenant vacates. In other words, I was just "paid back" immediately.
Edit: I believe this may be a state-specific law regarding how this can be done, so be sure to check your lease and your local laws.
- 3yBjorn AhlbladPro MemberInvestor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
I ask that my tenants inform me about anything that needs fixing and I will get it taken care of. Really don’t want them to fix anything.
- Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes3y
I screen good quality tenants that are able to be responsible. If they do break something they're likely to understand the expectation that they pay for it. If they don't understand, they're concerned with their credit and will pay to not end up getting evicted over a repair cost.
- Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes3y
Quote from @Thomas O'Donnell:
Yes, but once you find out that they did, how would you go about the situation in having them pay for it to be fixed? One would think they would accept responsibility but some people do not. What if they refuse to pay? Evictions are not cheap and threatening an eviction could get them to cause more damage.
Aloha,
First, you need to adequately document the move IN condition, in writing and with plenty of photos. Then, when something
"just falls apart" you, or your repair person should be able to examine it and determine what happened. Did it just fail from old age, corrosion, wood rot? Or were the kids hanging on the door and swinging, or is there a fist sized hole in the wall, was the window broken outward, or inward, etc. Routine issues such as a clogged drain, the plumber should report what he pulled back, if anything, and how far out was the blockage. Then it depends if this is SFH or MF property and how the pipes are routed. If the tenant clogged the line at the first trap with hair or food/grease, or jammed the disposer, that is 100% their expense (I make it a point at move in to be sure they understand how to reset and how to use a disposer wrench to solve 95% of disposer issues,
saving them the cost of a plumber forever when those issues arise). Whatever the repair, copy the invoice, write a Business letter detailing the charge (adding the charge to their ledger); the section of the Rental Agreement that references tenant damage/repairs; provide a deadline for them to reimburse you for the expense. Never deduct from Security Deposit until and unless they have vacated the property. You need to be clear on local law for what is allowed to be deducted from SD
at move out also. If you are able, based on local law, to include a priority of payment clause in the Rental agreement, you may want to apply payments to rent last. - Rental Property Investor · Columbus, OH · Member since 2021 · 231 posts · 188 votes3y
Quote from @Richard F.:
Quote from @Thomas O'Donnell:
Yes, but once you find out that they did, how would you go about the situation in having them pay for it to be fixed? One would think they would accept responsibility but some people do not. What if they refuse to pay? Evictions are not cheap and threatening an eviction could get them to cause more damage.
Aloha,
First, you need to adequately document the move IN condition, in writing and with plenty of photos. Then, when something
"just falls apart" you, or your repair person should be able to examine it and determine what happened. Did it just fail from old age, corrosion, wood rot? Or were the kids hanging on the door and swinging, or is there a fist sized hole in the wall, was the window broken outward, or inward, etc. Routine issues such as a clogged drain, the plumber should report what he pulled back, if anything, and how far out was the blockage. Then it depends if this is SFH or MF property and how the pipes are routed. If the tenant clogged the line at the first trap with hair or food/grease, or jammed the disposer, that is 100% their expense (I make it a point at move in to be sure they understand how to reset and how to use a disposer wrench to solve 95% of disposer issues,
saving them the cost of a plumber forever when those issues arise). Whatever the repair, copy the invoice, write a Business letter detailing the charge (adding the charge to their ledger); the section of the Rental Agreement that references tenant damage/repairs; provide a deadline for them to reimburse you for the expense. Never deduct from Security Deposit until and unless they have vacated the property. You need to be clear on local law for what is allowed to be deducted from SD
at move out also. If you are able, based on local law, to include a priority of payment clause in the Rental agreement, you may want to apply payments to rent last.Some good stuff here, thanks!
- Real Estate Agent · Baltimore, MD · Member since 2014 · 113 posts · 71 votes3y
Like everyone else said if the tenant the tenant should pay to have it fixed. Things I have ran into that tenants break are physical like hole in wall ( generally while moving) and clogs. If the dishwasher breaks I pretty much suck it up amd try not to prove it was them. A property manager I use in TX adds a statement to the lease that states the tenant is responsible for the first $50 for a maintenance call. He says that has cut down on frivolous calls. I only have one property he manages and the tenants keep in great condition.
- Property Manager · Baltimore, MD · Member since 2014 · 1k+ posts · 1k+ votes3y
Quote from @Jason Taliaferro:
A property manager I use in TX adds a statement to the lease that states the tenant is responsible for the first $50 for a maintenance call. He says that has cut down on frivolous calls.
This is gold!
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes3y
Quote from @Thomas O'Donnell:
Everything breaks over time. The Landlord is responsible for maintaining everything that existed when the Tenant entered the agreement. Tenants are only responsible if something broke due to abuse or neglect. Examples:
1. Tampons or wet wipes or dolls or wigs or yoga pants flushed down a toilet (I've seen all of these)
2. Window left open, rain comes into the house and damages window sill, wall, and flooring.
3. Storm door not latched, catches in the wind and rips off.
4. Cooking fried chicken on the stove, grease fire ensues and burns upper cabinets or range hood.
5. Tenant leaves shower curtain hanging outside of bathtub so water runs out onto the floor and damages it.
6. Hose is connected to hose bib during freezing temperatures, causing the water pipe inside the house to freeze and split.
All of these are tenant-caused issues and should be charged to the Tenant.
The DIY Landlord Book4.7248 Reviews - Rental Property Investor · Columbus, OH · Member since 2021 · 231 posts · 188 votes3y
Quote from @Nathan Gesner:
Quote from @Thomas O'Donnell:
Everything breaks over time. The Landlord is responsible for maintaining everything that existed when the Tenant entered the agreement. Tenants are only responsible if something broke due to abuse or neglect. Examples:
1. Tampons or wet wipes or dolls or wigs or yoga pants flushed down a toilet (I've seen all of these)
2. Window left open, rain comes into the house and damages window sill, wall, and flooring.
3. Storm door not latched, catches in the wind and rips off.
4. Cooking fried chicken on the stove, grease fire ensues and burns upper cabinets or range hood.
5. Tenant leaves shower curtain hanging outside of bathtub so water runs out onto the floor and damages it.
6. Hose is connected to hose bib during freezing temperatures, causing the water pipe inside the house to freeze and split.
All of these are tenant-caused issues and should be charged to the Tenant.
Awesome examples, thank you!
- 3yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
For maintenance, my lease says they are responsible for things like yard and snow removal, changing batteries in smoke detectors and furnace filters.
- Rental Property Investor · Member since 2021 · 384 posts · 197 votes3y
Like most others already mentioned, the tenant should be responsible for any damages/repairs that were caused by them. Be sure to clearly state this in your lease agreement and you should be all set.
- Investor · Member since 2021 · 591 posts · 695 votes3y
@Thomas O'Donnell as others mentioned; in general, if it's an item that breaks due to typical wear & tear, that's usually the owner's responsibility, whereas items that break due to tenant negligence/misuse are usually the tenant's responsibility.
In my experience, one of the more common tenant-caused problems involves plumbing blockages (e.g.; tenants dumping food scraps down sinks, flushing stuff down toilets etc., and blocking the drain lines in the process).
So, it's a good idea to have very clear terms in the lease for these issues--terms that state that the tenant is responsible for all costs associated with plumbing blockages (including costs stemming from flood damage that results from plumbing blockages).
Having said that, I'm not a lawyer, and the legality of including these types of terms in a lease may vary from state to state.
Good luck out there!
- Real Estate Consultant · Cleveland · Member since 2020 · 6k+ posts · 3k+ votes3y
Quote from @Thomas O'Donnell:
How do you determine who is responsible for repairs/maintenance?
Obviously if the furnace or AC goes out, or you have leaks coming from the roof or upstairs bathroom, it seems that it would be the landlord's responsibility to address and fix these issues. But what kinds of other issues could be caused by the tenant, that they should be responsible for paying for? And how would you structure this in the lease so there is a rule that states that a tenant must pay for certain repairs if things are their fault? We all know there can be damage, leaks, etc. that are due to the neglect or actions of the tenant. How can we protect ourselves as landlords and make sure we aren't the ones eating the costs?
Anything they break,
- Rental Property Investor · Columbus, OH · Member since 2021 · 231 posts · 188 votes3y
Quote from @Jason Taliaferro:
Like everyone else said if the tenant the tenant should pay to have it fixed. Things I have ran into that tenants break are physical like hole in wall ( generally while moving) and clogs. If the dishwasher breaks I pretty much suck it up amd try not to prove it was them. A property manager I use in TX adds a statement to the lease that states the tenant is responsible for the first $50 for a maintenance call. He says that has cut down on frivolous calls. I only have one property he manages and the tenants keep in great condition.
I do wonder if maybe this could also keep a tenant from wanting to make a maintenance call? If they do not want to pay $50 for each repair. Have you ever experienced that?
- Rental Property Investor · Tampa, FL · Member since 2020 · 25 posts · 10 votes3y
What if the water main was broken? Tenant moved in and within a month a giant Rottweiler-sized hole was dug in the yard and the water main cracked below it. Yes, they had 2 Rottweilers but insisted that their dogs don't dig holes.
Plumber was not able to 100% confirm it was from the dogs digging the hole.
Do I just suck it up?
- Property Manager · Metro Atlanta · Member since 2023 · 3 posts · 1 vote3y
Quote from @Yolanda W Cuevas:
What if the water main was broken? Tenant moved in and within a month a giant Rottweiler-sized hole was dug in the yard and the water main cracked below it. Yes, they had 2 Rottweilers but insisted that their dogs don't dig holes.
Plumber was not able to 100% confirm it was from the dogs digging the hole.
Do I just suck it up?
If you have move in photos that prove it was not there before they moved in I would definitely hold them accountable.
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