As a landlord, it is inevitable that some day you will have to deal with a maintenance request from your tenant.  If you never do…well, you should go out and buy a lottery ticket because you are the luckiest person in the world! 

No one likes to deal with a repair request – particularly those of the emergency kind – but most of them are probably going to be on the smaller side.  However, it is important to know what is and is not required of you legally when in comes to maintenance on your rental.

Landlords have a legal responsibility to ensure that their rental property remain habitable, meaning that there is adequate heating, water and electricity, the plumbing is working (including toilets), is clean and pest free and structurally sound.  Let’s call them the “major repairs.” Once a landlord receives notice of a major repair, they must make a reasonable effort to fix the issue within a timely manner.   It must be noted that laws do vary from state to state and even city to city, so it is VERY important that you are familiar with and understand the local laws you are required to follow. 

What Happens if You Fail to Make Major Repairs?

Again, it varies from state to state, but in general there are several rights the tenant can invoke if you fail to make repairs considered to be necessary to ensure the habitability of your rental.

• In some states, the tenant can elect to withhold rent until the repairs are properly completed.  Depending on the state, the tenant may be required to make the rental payments into an escrow account which will then be released to the landlord once the repairs are made.
• If a landlord does not make the necessary repairs in a timely manner, the tenant may be allowed to choose a professional contractor to make the repairs.  In most states, the tenant would then be allowed to deduct the cost of these repairs from the following rental checks.
• If the problem violates state and local building codes or is a matter of health and safety, the tenant may contact the local authorities.  If an inspector finds the complaint legitimate, the landlord could be ordered to make the repair or receive a penalty.
• If the problem is pervasive, such as foundation issues or mold, then the tenant may choose to leave the property and terminate the lease. 

Who is Responsible for Paying for the Repairs?

In most cases it depends on the type of repair needed.  If it is a matter of the landlord’s legal responsibility to keep the property habitable, then the landlord is responsible for covering the cost.  Normal wear and tear, regardless of whether the repair is a matter of safety, is also the landlord’s responsibility.  However, there are some cases when the tenant could be responsible for covering the cost of the repair.  This would include cosmetic or pet damage that results from the direct actions of the tenant and do not affect the safety of the property.  It is for these repairs that most landlords require a security deposit.

It must also be noted that in most states the landlord must give the tenant 24-48 hours advanced notice before entering the property to make the repairs.  This also could vary depending on the agreed terms of the lease.  However, the landlord may enter the property without notice if the required repair is an emergency, such as a burst pipe.  Some states also allow the landlord to enter the property without notice if the tenant is gone for an extended period.

Whether it is regarding repairs or other provisions, it is extremely important that you understand the federal, state and local rights and obligations of both the landlord and tenant to avoid any unnecessary disputes that may arise.   An informed landlord is a smart landlord!

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