Contractual clause for minimum repair costs?

Question

Good morning folks,

Wondering if there is a good practice or rule of thumb when it comes to small repairs requested by tenants. I am talking about burnt lightbulbs, leaky faucets, light switch not switching off....etc.

I am trying to be a very responsive and empathetic landlord as my tenants are pretty good, and I want them to be happy where they are. Its only one of them who seems to be very needy and its always a constant request of these kind of things.

Is it customary to have in their contract some clause so they deal with issues up to certain amount? Is there a better way to deal with these type of requests?

Thank you!

Jonathan Greene · Answer

A lot of landlords have an under $100 clause, but I think that encourages tenants to let small things fester until they are large things. If you just take the examples you gave, it's pretty simple:

burned light bulb - tenant's responsibility because it's not a fixture. You won't go in and change their sheets when they are dirty, either.

leaky faucet - landlord's responsibility because it's your fixture.

light switch not working - landlord's responsibility because it's your fixture.

Tim Baldwin · Answer

I would suggest that your lease obligate the tenants perform small maintenance to the rental property, so long as it is safe for them to perform the repair and the repair is, by its nature, a minor repair that does not involve any special skills, tools, or licenses. For example:

GENERAL MAINTENANCE SAFETY AND TENANT OBLIGATIONS ADDENDUM

This Addendum is incorporated into and made part of the Lease Agreement between Landlord and Tenant for the Premises. Nothing in this Addendum shall be construed to limit or eliminate any obligations imposed on Tenant under the Lease.

1.             Prohibition on Unsafe or Unauthorized Maintenance Work. Tenant shall not perform or permit any maintenance that:

a.             Requires tools or skills beyond basic household tasks.b.             Requires removal of fixed panels, protective covers, or safety guards.c.              Involves electrical, HVAC, plumbing, or mechanical repairs not expressly authorized.d.             Involves disassembling appliances.e.              Could cause injury, fire, water damage, mold, or structural damage.

2.             Tenant's Maintenance Tasks. Tenant shall perform the following routine maintenance tasks, provided they can be completed safely from ground level and without specialized tools:

a.             Replace filters as required for furnace, air conditioning, oven exhaust, refrigerator, and water filtration systems.b.             Clean stove burners when the "eye" needs simple maintenance.c.              Replace batteries for devices servicing the Premises, including garage remotes, key fobs, and wireless security devices.d.             Replace fan and light pull chains that break during ordinary use.e.              Test smoke detectors and carbon-monoxide alarms monthly and replace batteries as needed.f.               Ensure all home appliances (e.g. dryer, washing machine) are properly plugged in, hooked up, and used according to manufacturer instructions.g.              Remove lint and debris from accessible dryer connection hoses and dryer lint traps to reduce fire risk.h.             Tighten loose screws on home functions, including door hinges, handles, shower knobs, closet racks, fan blades, and toilet-paper holders.i.               Balance off-balance appliances by adjusting leveling feet where accessible.j.               Maintain cable, internet, and phone jacks in safe working condition.k.              Maintain accessible fire extinguishers and ensure they remain unobstructed.l.               Operate household systems, including security systems, HVAC controls, and irrigation timers, properly and without alteration.m.           Immediately report any irregular sounds, odors, burning smells, water leaks, smoke, or system failures to the Landlord.

3.             General Maintenance Requirements. Tenant shall:

a.             Never drill, cut, or anchor items into walls, ceilings, or floors without Landlord approval.b.             Keep mechanical closets, utility doors, and air-handler spaces unobstructed.c.              Maintain ventilation grills and return-air vents clear of blockage.d.             Avoid blocking sprinkler heads, smoke detectors, HVAC returns, or fire-safety equipment.e.              Immediately report any pest or rodent activity or suspicion of contaminants.f.               Avoid overloading balcony, patio, or storage areas.g.              Avoid placing items against walls that may block airflow or cause condensation.h.             Report HVAC condensate, water leaks, or appliance leaks immediately.

4.             Prohibited Items and Activities. Tenant shall not:

a.             Use open-flame devices (excluding approved cooking appliances).b.             Store flammable materials inside mechanical closets or near appliances.c.              Disable or tamper with smoke detectors or  carbon monoxide (CO) alarms.d.             Operate appliances inconsistently with manufacturer requirements.e.              Hang fabrics over vents or fixtures.f.               Use industrial equipment not suitable for residential units.

5.             Reporting Requirements. Tenant must promptly notify Landlord of:

a.             Burning smells, electrical odors, or unusual noises.b.             Leaks, water intrusion, dampness, or mold indicators.c.              Irregular HVAC operation or repeated shutdowns.d.             Activity or condition that is or is suspected to cause damage to property or injury to persons.e.              Loose or detached fixtures.f.               Malfunctioning smoke detectors or CO alarms.

g.              Any safety concern affecting the Premises or other units.

6.             Liability for Damage. Tenant is responsible for all damage caused by failure to perform required maintenance, misuse of systems, unauthorized repairs, prohibited activities, or failure to report issues. This includes damage affecting other units, building systems, common areas, or structural components.

Diego Alvarado · Answer

Hi @Allende Hernandez

Keeping great tenants happy is a top priority, but "small" requests can absolutely drain your time and budget if they become constant. I had that happened to me.What has worked really well for me is a detailed set of Landlord's Rules and Policies that I incorporate into my standard lease agreement. It clearly details many of the smaller maintenance items. For example, my policy states the tenant is responsible for burnt-out lightbulbs and clogged drains caused by misuse. It also specifies that any repair necessitated by tenant negligence (like a shower handle broken from misuse) is the tenant's financial responsibility. This puts the power back on them for true "nuisance" calls without feeling predatory.A key part of that agreement is what I call a Residential Package—the tenants can opt-in or out, but it's highly recommended. This package includes lawn maintenance, quarterly air filter replacement, and an annual HVAC tune-up. The air filter replacement is the most crucial part because it forces me, as the landlord, to have eyes on the interior of the property quarterly to confirm they are taking care of things.The goal isn't to nickel and dime them; the main thing is you don't want them to avoid calling you for the minor things that could turn into major problems. I always tell my tenants: if you think it could cause damage, call me immediately. If they're worried about a leaky faucet becoming a mold issue, I want to know! The "Rules and Policies" helps differentiate those minor livability items from the preventative calls you actually want to encourage.A clear, written policy upfront manages expectations for both parties and is the best way I've found to deal with a "needy" tenant without sacrificing responsiveness for the good ones.

As a quick disclaimer, I'm not an attorney, so please check with a legal professional to ensure any policies are compliant with your State landlord-tenant law.

Adam Bartomeo · Answer

Yes... we do not change light bulbs, air filters, and other items. We charge the tenant for any repairs that are tenant neglect.

Michael Smythe · Answer

@Allende Hernandez Understand that NOTHING you put in writing will get a majority of tenants to do what you want:(

So, go with what makes sense to you, just be prepared for pushback from tenants when you enforce.- Often, we have to do the small repairs tenants are required to do via our lease, then bill them for it. Most are NOT happy about this.

Chris Seveney · Answer

we use a property manager and they handle all of this for us. One of them does quarterly maintenance checks of going in changing filters and if their are maintenance items they will take care of it then - if escalates then it's handled sooner

Colleen F. · Answer

@Allende Hernandez and batteries, if the thermostat or a smoke detector takes batteries that is for them to deal with.  Also really needy tenants get rent raises that reflect the time to deal with them or they are non-renewed.

Peter Mckernan · Answer

I have seen and depending on the owner we put into the lease when requested. Tenants to handle light bulbs, ac filter, etc. This saves the confusion that the landlord will be handling small stuff like this one.

Charlotte Goodman · Answer

What about air filters? I will supply the air filters, can I put clause in to make sure the air filter is chaged once a month? In the South, fastest way to destoy your AC is to not change the air filter provided by the landlord. I have in the past charged 50 bucks extra if I come in and the filter has not been changed in 2 months.

Contractual clause for minimum repair costs?

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