6 Maintenance Bills You Shouldn’t Cover as a Renter
One of the advantages to renting instead of buying a home is the ability to call the building superintendent or property owner when something goes wrong. The refrigerator not staying cold? A puddle in the kitchen from a leak in the ceiling? Generally, those aren’t your problem, and your landlord should handle them promptly.
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That doesn’t mean that tenants are absolved of all responsibility when it comes to household maintenance and repairs. But which things can you count on the landlord to handle, and which are your responsibility? That depends on your state laws and the terms of your lease.
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Check Your State Laws
Landlord-tenant laws vary by state, so before entering any lease agreement, it’s a good idea to review the state law — it’s typically available on the state’s website — to know just what your landlord is responsible for. Every state except Arkansas has an “implied warranty of habitability” requiring that rental units be safe and decent places to live, according to Nolo.
In Maine, for example, if you experience a problem that makes the property unfit or unsafe that wasn’t caused by your negligence and your landlord won’t fix it, you’ll have to go to court — Or, in some cases, you can tell the landlord you are going to pay for the repair yourself if it isn’t made in a timely manner and then deduct the cost from the rent.
In California, a landlord is responsible for all health and safety issues unless the problems were created by the negligence of the tenant or their guest.
Minnesota has a similar provision, which, like laws in some other cold-weather states, includes a requirement that tenants have heat by a certain date.
Ben Gold, the founder of Recommended Home Buyers in Philadelphia, said it generally is up to landlords to handle major repairs and structural maintenance. Tenants should not be called upon to maintain or repair major systems.
“This encompasses issues like plumbing, electrical work and structural repairs,” he said. “Furthermore, landlords are responsible for providing a safe and habitable living environment, ensuring essential appliances are functional and addressing major concerns affecting the property’s overall functionality.”
So while the specific maintenance bills a landlord must cover vary by state, habitability requirements typically include the following:
Structural issues affecting the soundness of the building, including the roof, walls and floors
Plumbing
Hot water
Heat and, in some cases, air conditioning
Major appliances like the refrigerator and oven/stove
Fire safety equipment such as sprinklers and/or smoke and carbon monoxide detectors
But that doesn’t mean tenants don’t have to lift a finger.
“Tenants are required by law to take reasonable care of their rental units as well as common areas such as hallways and outside areas,” Gold said. “Tenants must act to keep those areas clean and undamaged. Tenants also are responsible to repair all damage that results from their neglect or abuse, and to repair damage caused by anyone for whom they are responsible, such as family, guests.”
Read Your Lease
Simple things like changing a light bulb on a standard ceiling typically are handled by a tenant. But what about beyond that? Who mows the lawn and shovels the snow? That’s a gray area and expectations need to be set at the time the tenant signs the lease, said Jordan Fulmer, a real estate investor in Alabama who runs Momentum Property Solutions.
Your lease should clarify those areas. If it doesn’t, ask for clarification in writing.
“The standard contract I utilize spells out responsibilities in two columns, landlord vs. tenant, then categorizes items (lawn care, pest control, HVAC repairs). It allows one responsible party or both to be checked off,” said Mark Severino, the founder of Best Texas House Buyers, LLC.
Erin Hybart, a Louisiana real-estate agent, said the key is to document everything.
“When it comes to money or a lease, the more specific, the better,” she said. “I put light bulbs and air filters on my paperwork. I need to get that detailed. I need there to be no question as to who will pay for what.”
Fulmer takes a unique approach with his properties.
He gives his tenants an allowance each month via a break in rent to pay for small repairs on their own. And since his single-family homes often have multiple applicants, he assesses prospective tenants’ abilities with a toolbox as part of the screening process. His tenants usually are comfortable with small repairs such as fixing a running toilet, he said.
“They get a good rate on the house,” he said.
And what does Fulmer get? Something akin to an on-site property manager, he said.
Landlord-Tenant Communication
A good rapport and ability to communicate is crucial when it comes to expectations about maintenance and repairs.
“At the end of the day, communication is key and I tell my tenants to let me know about any issues they cannot handle themselves,” Severino said. “It is better to get a third-party professional like a plumber or electrician or even a great handyman on site than to risk significant damage to the investment property.”
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This article originally appeared on GOBankingRates.com: 6 Maintenance Bills You Shouldn’t Cover as a Renter
