There are rights and responsibilities associated with renting a house or an apartment. The most widespread question tenants may have is, Who should do the renovations on the house: tenant or landlord?
The simple answer is it is dependent on the nature of repair, the lease contract, the state, and local law. This guide simplifies the duty of the renters and landlords so that you have a better idea of what is required of you as a tenant.
Understanding the Renter/Landlord Relationship
When renting a dwelling, you enter into a lease contract which provides the responsibilities of each party.
In most cases:
- Landlords have the responsibility of maintaining the property as safe and habitable
- Basic maintenance and prevention of damage are done by the renters
Although this may sound simple, it may not be so when one is faced with the real-life repair scenarios.
What Repairs Are Landlords Typically Responsible For?
According to U.S. law, landlords are required to offer habitable living conditions. This is a requirement in all states, although it may not be stipulated explicitly in the lease. This is commonly referred to as the implication of warranty of habitable conditions.
Major Repairs and Safety Issues
Repairs of the following are normally done by landlords:
- Plumbing problems (leakage of pipes, broken toilets)
- Heating and air conditioning systems
- Electrical wiring and electrical outlets
- Roof leaks and building damage
- Mold caused by water issues
- Security-affecting broken windows and doors
- Pest infestations (tenant-independent)
If an issue arises that impacts your health, safety, or the comfort of living in the house, it is usually the duty of the landlord.
What Repairs Are Renters Responsible For?
Minor damages and breakage caused by tenants are normally attributed to them.
Basic Maintenance Tasks
Most leases have tenants perform basic maintenance, including:
- Changing light bulbs
- Changing the batteries of smoke detectors
- Maintaining the unit in a clean and sanitary condition
- Disposing of waste and recycling
- Timely reporting of maintenance problems
These minor things avoid more significant and costly issues in the future.
Damage Caused by the Tenant
In case of any damage by a renter or his/her guest, the former usually bears the responsibility of repairing the damages or compensating for them.
Examples include:
- Nail holes or accidental holes in the walls
- Worn out appliances as a result of abuse
- Spills or pet-stained carpets
- Fractured tiles from damage caused by falling things
The cost can also be covered by the security deposit in most cases, if not repaired before moving out.
Normal Wear-and-Tear vs. Damage
The distinction between normal wear-and-tear and damage is one of the most confusing aspects of rental repairs.
Normal Wear-and-Tear
This is normal aging due to typical usage which includes:
- Faded paint or flooring
- Loose door handles
- Minor carpet wear
- Small scuffs on walls
The normal wear-and-tear cannot be charged by landlords to their renters.
Tenant Damage
Damage is not within normal use and usually includes negligence or accidents, for instance:
- Large holes in walls
- Broken windows
- Burn marks on countertops
- Pet-related destruction
This kind of damage is the financial responsibility of the tenants.
What Does the Lease Agreement Say?
One of the most significant papers as far as repairs are concerned is the lease.
Why Reading Your Lease Matters
Lease agreements usually contain:
- Maintenance responsibilities
- Rules for reporting repairs
- Emergency instructions
- Information regarding damage caused by renters
Many leases mandate that tenants perform minor repairs that fall below a dollar, and there are those that almost leave all repair duties to the landlord.
Can a Lease Make Renters Responsible for Everything?
No. Even where the lease attempts to transfer all the repair liability onto the renter, the state and local laws prevail. The lease cannot make a landlord legally evade a claim on habitability, regardless of the language of the lease.
How to Report Repairs the Right Way
Whenever something breaks, renters are expected to be quick and responsible in reporting it.
Steps Renters Should Follow
- Inform the landlord in writing (email or maintenance portal)
- Explain the problem in detail including the onset of the problem
- Record pictures or videos
- Follow up in case the problem is not resolved in a reasonable time
Early reporting ensures that renters are not accused of causing the damage to increase.
Emergency Repairs: Who Pays?
Emergency repairs involve situations that threaten safety or property, such as:
- No heat in winter
- Flooding or major leaks
- Electrical hazards
- Gas leaks
Emergency Situations
Landlords are usually required to respond quickly in emergency matters. In some states, if a landlord fails to act, renters may be allowed to:
- Pay for the repair themselves
- Subtract the expense of rent (with due documentation)
Nevertheless, this has to be done under strict rules of the law, and therefore, renters ought to consult the local law before acting.
State and Local Laws Matter
Rental laws vary widely across the U.S.
- There are states that are very tenant friendly.
- Other states provide landlords with greater power.
- Such cities as New York, Los Angeles, and Chicago usually possess supplementary safeguards.
Due to this reason, tenants are advised to read state laws on landlords and tenants, or seek the advice of a local tenant advocacy group.
Tips for Renters to Avoid Repair Disputes
The following are some of the practical tips that can help you in protecting yourself:
- Record the state of the unit prior to occupancy.
- Report issues immediately.
- Retain copies of all communication.
- Adhere to the guidelines of following leases.
- Do not do self-repairs without consent.
- It will save you money and stress by being proactive.
