9 maintenance issues tenants are responsible for

Written by Chris Deziel on July 25, 2018. Posted in edited, For Landlords, For Renters, landlord tenant, Maintenance & Renovations, paid, rental maintenance

Maintaining a clean, safe, and livable rental property is a shared commitment. The law requires a landlord to provide a safe and habitable residence, but it won’t stay that way for long unless tenants share upkeep responsibilities.

Landlords can’t control how tenants live, but they have a right to expect proper use of their properties. Some commonsense tasks, such as proper disposal of trash, need no explanation. Other maintenance issues should be specified in the lease so everyone is on the same page.

1. Waste disposal

You have to throw away the trash if you want a clean and sanitary home. Most municipalities provide waste disposal services for which they generally charge a fee. Landlords often pass this fee on via a lease clause or include it in the rent. In places without regular trash service, it’s important to negotiate a disposal strategy and stick with it.

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2. Pest control

It’s up to the landlord to ensure that a rental is pest-free before anyone moves in. Once the place is occupied, though, tenants automatically assume some of the responsibility for keeping it that way. If the landlord has corrected structural problems that allow rodents and insects to enter, tenants should avoid attracting them with poor hygienic practices. Tenants could be financially liable for abatement of an infestation caused by negligence, especially if they violate provisions specified in the lease.

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3. Landscaping

Lawn and yard maintenance can fall to the tenant if a lease clause assigns these tasks. In that case, any violation of city or county ordinances would be the tenant’s responsibility. The tenant is always responsible for keeping the yard safe by removing obstacles and generally cleaning up. In certain situations, particularly in shared housing units, a landlord may contract a tenant to do yard maintenance in exchange for compensation.

4. Snow removal

Snow removal is a matter of safety, not only for tenants but for anyone using a public walkway that crosses the property. Some municipalities assess fines for failure to remove snow in a timely fashion. Able-bodied tenants are in the best position to handle this job, but it isn’t their responsibility unless the lease specifies it. However, because tenants have a responsibility to keep the premises safe, they could be faulted for failing to clear snow from doorways and walkways that access them.

5. Mold prevention

Mold grows where there’s moisture, and the question of whose job it is to prevent it—and clean it up—can be a thorny one. In general, it’s the landlord’s job if the moisture comes from a plumbing or building leak. Liability for cleanup may fall to tenants if the mold is the result of poor hygiene practices, such as leaving piles of damp clothing in the corner. Tenants are also responsible for providing adequate ventilation and could be required to clean surface mold on furniture and bathroom walls.

6. Proper appliance use

Appliances, such as stoves, microwaves, and dryers, won’t last long under abuse. Proper appliance use is a must in any living situation, and if any repair or replacement is clearly the result of negligence on the part of tenants, they may have to foot the bill. Landlords are typically responsible for routine maintenance, such as filter replacement or duct cleaning. This could be addressed in the lease.

7. Smoke detector maintenance

Smoke detectors are generally unnoticeable until they need new batteries or they go off, which hopefully never happens. When a smoke alarm needs new batteries, it’s the landlord’s job to replace them, unless the lease says otherwise. It’s up to tenants to avoid false alarms caused by shower steam or cooking smoke, but if an alarm goes off for no reason, they must notify the landlord as soon as possible so it can be fixed or replaced.

8. Septic maintenance

Improper use of a septic system can seriously shorten its life. This is such an important maintenance issue that most landlords include a lease clause or provide a handout that describes best practices. They include treating oils, greases, and non-degradable substances as trash and not plumbing waste. Septic treatments, tank pumping, and pump maintenance are the landlord’s responsibility, but if the system fails, tenants could be dinged if negligent use is the cause.

9. Contacting the landlord

It’s illegal for a landlord to make tenants responsible for all repairs. Tenants do have a responsibility, however, to contact the landlord or property manager when the property needs repairs. Any damage that results from a failure to do so could cost all or part of the security deposit or more. Unless authorized by the lease, tenants can’t make repairs on their own unless the landlord does not respond. In that case, most states allow tenants to make repairs that affect habitability and charge the landlord.

Understand the lease requirements

When it comes to maintenance issues for tenants, it’s important to read and understand the lease before signing it. Certain clauses may stipulate maintenance tasks that don’t normally fall to tenants, and once they sign on the dotted line, tenants own these tasks. Encourage your tenants to take the lease home and study it carefully before signing.

Tags: Maintenance, Property Management