Clarifying Tenant Liability for Gate Damage and Maintenance in Lease Renewal

Clarifying Tenant Liability for Gate Damage and Maintenance in Lease Renewal

Member since 2022 · 58 posts · 10 votes

Hi everyone,

Our tenants have hit automatic gate twice, and we fixed for both repairs. With the lease renewal approaching, we want to ensure we can deduct the cost of any future tenant-caused damage from the security deposit or otherwise recover it. We’re new to landlording, so this is all unfamiliar territory. A few months ago they also reported a burnt-out light bulb, which we replaced; we’d like to clarify which maintenance tasks are ours and which are the tenant’s.

We plan to use the California Apartment Association lease forms. Do these forms already cover tenant liability for property damage (including the gate) and spell out maintenance responsibilities, or should we add a separate addendum?

Thank you in advance for your advice.

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  • Member since 2022 · 1k+ posts · 1k+ votes
    1y

    my two cents...A general  California Apartment Association form will never cover the things needed specific to your situation. Carefully consider all the things and possible situations pertaining to your property and add them to your next lease. Add addendums until you're exhausted. This is especially necessary in a anti-landlord place like California where you have no rights.

    All guests park on the street. No cars on blocks. No hibachi's within 10 feet of wood. No drying of fish on the roof, ie., No commercial enterprises. Whatever. You get the idea. Have an eviction attorney look at it. Load up and protect yourself.


  • Member since 2022 · 1k+ posts · 1k+ votes
    1y

    Find some local larger landlords willing to share there leases with you. Or, go to some places that are for rent and grab their lease copies, this will give you more ideas.

  • Peter MckernanBusiness Member
    Residential Real Estate Agent · Irvine, CA · Member since 2013 · 2k+ posts · 1k+ votes
    1y

    Yes these forms should or CAR forms should. If not I would do an addendum to the lease signed by all parties to confirm the rules are stated. Then when they hit the gate again you can reference what they signed and hold them liable. 

    The McKernan Group4.957 Reviews
  • Mackaylee BeachPro Member
    Real Estate Agent · Kansas City, MO · Member since 2020 · 1k+ posts · 492 votes
    1y

    You must ensure that your lease clearly states that all damages caused by the tenant will be charged to them. Specify all tenant responsibilities, such as:

    • Replacing thermostat batteries, Changing the air filter, and maintaining the cleanliness of the property.

    It's crucial that tenants understand these responsibilities to maintain a harmonious living environment and avoid any misunderstandings regarding their obligations.

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