What are the landlord’s and tenant’s respective rights and obligations when it comes to making repairs to the rental unit? The short answer is that landlords generally have a legal obligation to make repairs and maintain rental property and must follow the law when it comes to entering rented property to make repairs. There are, however, exceptions to this general rule, where the tenant caused, or is otherwise legally responsible for the damage needing repairs.
The Lease Agreement Provisions Control
Many lease agreements expressly delineate who is responsible for needed repairs to the rental unit. So make sure to check the rental agreement as the first step in determining which party is responsible for repairs.
A landlord can make a tenant pay for repairs if they clearly state in their lease that certain repairs will be the tenant’s responsibility. As long as the provision complies with state laws, the landlord can enforce it. If a tenant refuses to pay for repairs, then they will be breaking their lease and will potentially be subject to eviction.
A Landlord’s General Repair Responsibilities
If the lease agreement does not specify who is responsible for making repairs, the general rule is that landlords are responsible for anything that breaks due to age, normal wear and tear, or that presents a safety or habitability issue. Common repairs landlords should pay for include anything rendering the unit uninhabitable, like electrical or heating repairs or broken locks. Landlords are also generally responsible for pet infestations unless it’s a direct result of tenant negligence. In California and most other jurisdictions, if the landlord does not comply with this obligation, the tenant has the right to make those types of necessary repairs themselves (or through a contractor) and deduct rent to pay for them, often referred to as the “repair and deduct” remedy.
California law generally provides that the landlord has a reasonable time to make the repairs. What constitutes a reasonable amount of time must be determined on a case-by-case basis. For example, 3 days may be considered reasonable for minor repairs, whereas that time frame might be considered unreasonable for something rendering the unit uninhabitable, such as a flood or broken heater in the middle of winter.
A Tenant’s General Repair Responsibilities
Tenants are typically responsible for minor inconveniences and damages incurred themselves. Common repairs tenants should pay for include damages caused by a pet and any damage caused by the tenant or their guests (broken windows, doors, or appliances). A tenant should also be responsible for any repair left uncompleted for a long period of time without being reported, and therefore worsening a situation that could’ve been easily remedied if the landlord was notified in time. Unless the Alease agreement provides otherwise, the landlord may deduct the cost of repairs from the security deposit.
Keep an Open Dialogue
Most landlord-tenant disputes can be avoided with proper communication and documentation in the lease. By setting clear expectations at the outset, landlords can avoid problems down the line relating to the allocation of responsibilities for repairs and damage to the premises. Before you accept an applicant, be sure that your lease is up to date and (legally) states your regulations for repairs, including who pays for what, the consequences of tenants not paying for repairs, and the consequences of making unauthorized repairs.
Please contact Lynx Legal with any questions regarding the above, and for all of your eviction needs. We can be reached at 888-441-2355 or info@lynxlegal.com. Our experienced professionals are standing by to assist in any way we can.