Who is responsible for which repairs at your rental property?

We are here to tell you that there is no right or wrong way to approach this; there is only YOUR way.  Do what is best for you and your rental property business.  Of course, this can differ depending on the type of property.  We will discuss the pros and cons to help you decide who is responsible for which repairs at your rental property.

 

Repairs and Maintenance

Depending on a few factors, the responsibility for repairs and maintenance (R&M) can vary.  For instance, a single-family home or duplex likely has different needs than a 4-plex.  Often R&M on single-family homes is left to the tenant.  For example, maintaining landscaping and replacing air filters often fall to the tenant’s responsibility, while for a multi-unit, it would be that of the owner.

 

How you write your lease is also a factor.  Many states have laws stating who is responsible for what, so if using state-approved leases, it may already note who needs to take care of what on a rental property.  For example, heating, electrical, and plumbing are prime areas where states require the landlord to ensure these areas are functioning, maintained, and repaired timely.

 

Common Repairs and Maintenance and Who Is Typically Responsible

Changing light bulbs are typically the responsibility of the tenant.  However, if you have installed retrofitted LED recessed cans, that may not be so simple for the tenant to replace.   Brands differ by light output and color.  The cost commonly associated with replacing a light bulb is much less expensive than a recessed retrofit.  This task would need to be explicitly stated within the lease to define its responsibility depending on the type of lighting product installed.

 

Landscaping

Often in single-family homes, the property owner will place the responsibility of keeping up landscaping on the tenant.  They can mow the lawn, trim trees, and keep the garden bed full of flowers themselves or hire someone to handle that at their own expense.  The owner often cares for duplexes’ front yard(s), and the tenants tend to their back yards.  For larger multifamily, the owner typically is responsible for all areas, including along pathways.

 

Appliances

Refrigerator/Oven/Range

Many states require that a landlord provide a refrigerator and an oven/range at a minimum, so repairs generally fall to the owner.  The one exception might be if the fridge comes with an automatic ice maker or water dispenser.  Those accessories are not considered necessary, and often, landlords will pass responsibility for repair to the tenant.  If you do not want to cover unnecessary add-ons like ice makers, do yourself a favor and add an addendum to your lease defining precisely what is covered.

 

Dishwasher/Microwave

Appliances such as dishwashers and microwaves are not a necessity and can fall to either the tenant or the landlord, depending on the lease’s details.  If not expressed one way or the other, a good landlord should take care of the repair or replacement, especially if they are built-in units.    If a previous tenant leaves behind their microwave, and you don’t mind leaving it there for the next tenant to use, add an addendum stating that it is there for their use.  Additionally, should the unit fail, the tenant is responsible for replacement if they want to replace it.  That new unit would become theirs to take once the lease is over.

 

Garbage Disposal

Garbage disposals are a big issue when they stop working.  If the tenant has done something to cause the disposal to break or jam, then it would fall to the tenant to pay for the repair or replacement.  Think artichoke leaves, bottle caps, utensils, and plastic from takeout containers that the blades can’t break down.   In each rental unit, we provide a garbage disposal wrench for the tenant to use if the disposal becomes jammed.  In addition, we send them this video to have the tenant attempt to resolve the issue themselves before we send our contractor or repairman out.

Often, garbage disposals will rust at the bottom and start leaking.  Many contribute this issue to age, but this happens because the disposal is not being put to use often enough!  When one rinses dishes, the small tidbits of food, be it a few grains of rice or small pieces of meat or pasta, fall into the cavity of the disposal and sit there.  They do not break down and eventually turn to mush, which builds up and keeps the unit wet, and that moisture causes it to rust through and leak under the kitchen sink.  So, where technically it would seem this is the tenant’s responsibility, it would fall to the property owner because there is NO WAY you will be able to prove they did or did not run the disposal with every use.

One more tip:

When you or a tenant run the garbage disposal, use cold water, not hot.  This is because the hot water makes the disposal motor hotter, causing it to burn out faster.  Whereas cold water cools the motor, allowing it to not overheat with every use, thus extending its lifespan.

 

Smoke and carbon detectors

This one is rather simple.  Units = landlord, batteries = tenant.   However, we change out our units every five years.  The ten-year life units tend to last around 7-8 years, so as preventative maintenance, we replace them at five years to avoid issues.  Here are the units we prefer to use:  insert photo and link

 

HVAC

Heating is the responsibility of the landlord.   Often states have mandated that a landlord must provide a heat source for the tenant.  However, air conditioning is not considered a necessity in many areas and can often fall to the tenant for repair, especially the window-mounted ones.  One way to keep the heating and (central AC) units running efficiently is to change the air filters twice a year.

Whose responsibility is this?   Usually, the tenant should be changing the filters unless there is no access to the unit.  For instance, the heaters are all located in the basement of our multifamily units.  This is our private area where we keep our supplies; we do not permit tenants access.  For units with central heat and air, often the filter is located in the ceiling or wall inside of the rental unit, aka the air return, making it easy for the tenant to replace it.

Repairs and maintenance fall to the landlord.  As heaters already are, AC units are quickly becoming deemed an essential feature for rental properties.  For maintenance, we service both every other year.  Typically we check heaters in the fall and the AC units in the spring.   This task ensures the HVAC units should work fine once the temps cool or heat up, depending on the season.

 

Ceiling fans

So many landlords call us crazy for providing ceiling fans!  Our properties are rated level B to C+, and we find the tenants we place are relatively responsible.   We like ceiling fans because it helps our tenants with their electric bill during extreme temperatures.  Circulating the air allows the heater and AC units not to work as often.  This amenity is often quite appreciated for the low cost of providing it.

Because we install the unit and electricity is involved, landlords should handle all maintenance and repairs.  Ensure the lease notes that if damage occurs from misuse, the tenant will have to cover all expenses incurred.

 

Tip: If not already installed and you want to hang a ceiling fan, make sure you or your contractor install a fan brace or bracket where the old junction box was.  This reinforcement ensures the fan (often heavier than a light fixture) will be more stable, and there is a low chance of falling.

 

Washing Machine/Dryer

Washers and dryers are other amenities not considered essential but are ones tenants seek after.  We go by this rule: The landlord should provide repairs and maintenance if the washer and dryer are built into the wall.  For instance, in our multifamily, we took the linen closet out and installed built in, stackable washer/dryer units in each unit.  Because we deem these OUR washers and dryers, we will maintain and repair them.  If there were coin-operated or multiple units available in a common area, that is the landlord’s responsibility.

Many landlords will require the tenant to repair and maintain them for non-built-in units, like ones located side by side in the mud, utility, or laundry room of a single-family home.  In this case, the washer and dryer should be considered available for your use, but if they fail, it is up to the tenant to repair or replace them on their own.  Of course, when they move out, they would take the units with them if they chose to.  The landlord provides the hookups but not the units in this situation.  Don’t assume this is the norm.  Make sure you notate this on an addendum to the lease.

 

 

Garage door openers

You do not see automatic garage door openers in rental properties that often.  Many landlords will only supply a manual roll-up door for safety reasons.  However, if the landlord provides automatic doors, they are considered a built-in amenity; that responsibility generally falls to the landlord unless otherwise stated in the lease.

 

Plumbing/Septic

Plumbing issues are where being VERY specific on your lease is essential.  Sometimes plumbing backs up due to old pipes collapsing or tree roots penetrating the lines, not allowing sewage to pass through.  Of course, these issues, along with dripping faucets, water leaks under sinks, or running toilets, all fall into the landlord’s responsibility.

Clogged toilets from flushing paper towels, baby wipes, toys, kitty litter (YEP!), feminine hygiene products, etc., fall to the tenant ONLY IF THE LEASE SPECIFICALLY STATES such items cannot flush down a toilet.

Clogged water drains due to long hair, grease, lint from laundry, etc., are hard to prove and should fall to the landlord.

Septic systems come with specific instructions and should be included as an addendum to the lease stating who is responsible for maintenance and repairs.

 

Electrical

For the most part, you will find that the worst problems you should see are breakers and GFI plugs that keep popping.  Inspect what they service to make sure they are not overloaded.  These two items go out from time to time and need replacement.   For the most part, any electrical issue should be inspected and remedied by a professional.  There is just too much risk of fire hazards to DIY it.

 

Gutters and downspouts

These areas come down to the type of rental property you own.  For example, you can require single-family and duplex tenants to maintain and clean their gutters each year.  Still, you must also understand you are asking someone who possibly lacks the experience to climb a ladder and do maintenance on YOUR property.  Should they fall and get injured, it could cost you way more than if you just went out and did it yourself or hired someone.

For multifamily, tri-plex, and up, it is the responsibility of the landlord to clean gutters and make sure the downspouts are clear of debris.

 

Roof

100% the responsibility of the property owner.   Have the roof checked every five years or so by a professional.  They can give you an idea of how much life is left.  This timeline will help you determine your capital expenditure funds to make sure you are covered when the time comes.

 

Window screens/coverings

In California, by law, landlords must provide window coverings.  Often window blinds are the best choice as they are simple to clean and do not infringe on a tenant’s décor.    Regardless, replacement falls to the tenant if window coverings or screens become damaged due to misuse.  If the cord on the blinds breaks or the screen rips because it is old and deteriorated, the landlord should be responsible for remedying those issues.

 

Painting the unit

We are not a fan of allowing tenants to paint their units.  We completely understand people want to personalize their space.  However, if they paint the wall a dark color, drop paint on the floors, or don’t tape off trim well, you are looking at a mess to clean up when they move out.  Can you demand they paint it back to the original color at move-out?  You sure can, but if they don’t use proper primer or do a messy job painting, you’re stuck making it all right again.

Painting the unit or one room of the rental unit is one of the items we offer as an incentive with a lease renewal.  We generally offer this to those who have been residents for several years, and the unit needs some sprucing up.

Please read our blog for more information on offering incentives to tenants upon lease renewal.

 

Allowing Tenants to Make Repairs or Do Maintenance

Our policy is not to allow tenants to make repairs or do maintenance on our behalf in exchange for rent discounts.  However, we will consider granting permission to a tenant who specializes in a trade, but only if they invoice us and we pay them directly for their time.

You see, deducting a tenant’s expense from your rental amount lowers your rental income.  Yes, it reduces your income, but your actual rental rate is off if you decide you want to sell the property.  Should you desire to take out a loan or HELOC, your income is inaccurate.  Maybe you do this once or twice, but perhaps you own several complexes in a town, and you give a 50% discount on rent to a landscaper to maintain all of the properties each month.  That deduction is a big hit to the bottom line.

Additionally, if you allow a tenant to fix something and, down the line, the problem reoccurs, or you find out the quality of workmanship did not match the discount given, you have no recourse.

You can, however, allow the tenant to pay someone to have repairs done and then deduct that invoice amount from the rent AS LONG AS there is an invoice to accompany that deduction.  This invoice allows you to deduct the repair as an expense.  Also, the work completed comes with a warranty.  If there is a problem three months after the tenant moved out, YOU have recourse with that repair person.

 

Furnished units

Unless otherwise noted, if you provide a furnished unit, you are responsible for the repair or replacement should such furniture fail.  For instance, the pulls on a dresser keep falling off, and they can’t get the drawer to open easily.  That’s on the landlord.  If they have children that bounce up and down on the bed and the bed collapses, then the repair or replacement expense falls to the tenant.

It is common sense, BUT the landlord still needs to explicitly state in an addendum that “damage due to negligence, overuse, or carelessness is cause for repair at the tenant’s expense.” If not, any of the above items become a he said/she said situation, and you’ll have to prove you told them or that they should have known.

 

Wear and Tear Defined

Normal wear and tear is the expected decline in the condition of a property due to normal everyday use.  It is deterioration that occurs in the course of living in a property.  The cause does not happen by abuse or neglect.

Normal wear and tear might include minor stains on carpet, scrapes or dings on hardwood floors, dirty grout, or carpet fading due to sunlight.

Wear and tear can be defined further as deterioration that one can reasonably expect to occur.  For example, it is normal for some scuffs in the paint after a tenant moves out of the unit.

Damage is not naturally occurring.  Instead, it is harm that affects the property’s value, usefulness, or normal function.  Tenants can commit damage on purpose or through neglect.

Damage could be carpets destroyed by a pet, a hole in a door, broken cabinet doors, or a cracked window.

 

The bottom line is if, as a landlord, you provide anything of convenience or necessity to your tenant, and that product needs repair or maintenance, it falls to you to repair and maintain it.  UNLESS you specifically state where the responsibility lies within the verbiage of your lease.  So, ask yourself, when was the last time you reviewed your lease?  It may be time for an update.

 

Please leave us a comment letting us know what you think of our blogs!  Questions? Contact us at Stacie@YourLandlordResource.com OR Kevin@YourLandlordResource.com.

Check out our other blogs to guide you on your self-management journey as a landlord:

Beyond the FICO Score, How to Read an Applicants Credit Report

What’s the Best Time of Year to Market Your Rental Property

Why Landlord Inspections Are Essential

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