Tenant needs help: is this lease term standard and/or fair?

General Landlording & Rental Properties
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Tenant needs help: is this lease term standard and/or fair?

Brian Jurvelin
Livonia, MI · Member since 2015 · 24 posts · 10 votes

Hi BP community,

I am a tenant and had a question about the following statement in my lease agreement:

"Regardless of assignment of responsibility, tenant agrees to be responsible for the first $250.00 of any repair or maintenance required on the systems of the property for the term of the lease. This deductible applies per occurrence."

Is this a common lease term?  To me, it sounds like I can get charged $250 to fix anything the landlord wants in the house.  Need a new roof, I pay $250.  Water heater fails, I pay $250.  I don't think these are common expenses a tenant is normally responsible to help cover.   I'm I right in questioning this term?  Thanks!

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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
10y

I've seen the clause before and think it's what I would expect from a cheat, not an honest business person. They argue it is to keep temants from making frivolous maintenance requests but then they apply it towards a fridge compressor that breaks.  People rent a functional home and it is the Landlord's responsibility to maintain it unless a problem is caused by Tenant abuse or neglect.

At the same time, nobody forces you to sign it.

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  • Account Closed
    Real Estate Agent · Grand Rapids, MI · Member since 2014 · 493 posts · 200 votes
    10y

    I see nothing illegal about this clause--though it's rare.  If the clause said something to the effect that the landlord wasn't responsible for fixing broken items, etc. that would be in violation of their duty under Michigan law. I suspect it is in the lease to make it clear to tenants that they are responsible for damages and will share in the cost of fixing things that are broken.  One of the largest expenses rental property owners face is repair of damages done by tenants.   Best advice:  Never enter a lease until you understand the terms.  If you really want the unit and you don't understand the lease language, have an attorney look them over for you.  Ultimately, it is the tenant's decision whether or not to lease from a particular person...no one forces a tenant to enter a lease.

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  • Stephen Haynes
    Rocklin, CA · Member since 2015 · 207 posts · 66 votes
    10y
    Originally posted by @Brian Jurvelin:

    Great responses, thank you everyone.  I requested it to be removed and so far he is refusing.  Do you guys have any suggestions for how I may be able to modify the wording to make it more fair?

     I would find another place to rent the landlord seems like a scumbag.

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  • Rich Schmidt
    Investor · Valparaiso, IN · Member since 2011 · 103 posts · 65 votes
    10y
    Originally posted by @Brian Jurvelin:

    Update: The landlord reduced the deductible to $100, which I don't have to pay for any repairs found when I go through my move-in checklist.  The landlord has been very easy to deal with minus this one detail and we loved the place so we signed the lease.  Thanks again for all the helpful responses.

    Thanks for the update, Brian! Glad to read that you were able to work something out that works for both you and the landlord!

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