Landlord-Tenant Responsibility for Repairs and Maintenance
Responsibility for rental property repairs and maintenance can be governed by state landlord-tenant statutes; state and local building and safety codes; the landlord’s lease agreement; and any oral or written promises (express or implied) made to the tenant regarding rental property conditions, amenities, services, or other rental offerings.
Landlord Responsibilities
Implied Warranty of Habitability
In almost all states, a landlord is required to provide housing that meets basic structural, health, and safety standards. Under the legal doctrine of implied warranty of habitability, landlords are responsible to maintain and repair the rental property during the lease term. The basis for the implied warranty comes from either local building codes which specify minimum requirements for essential services or widely held common-law beliefs of what constitutes decent housing. The source of the warranty determines the landlord’s responsibilities and the legal remedies available to the tenant. In states that use common law definitions for habitability, implied warranty is independent of building codes. Landlords may be responsible for repairs and maintenance under building codes and responsible for repairs and maintenance under the common law approach.
Since some states have more stringent requirements than others, it is important for a landlord to know the specific standards under his state’s law and to use those standards as a minimum standard for his properties to fulfill his legal responsibilities and protect his financial interests.
A tenant in most states cannot waive his rights to habitable housing even if the tenant is willing to accept sub-standard housing conditions.
The landlord’s obligations do not extend to breakages, malfunctions, or other conditions which do not materially affect the health and safety of the tenant. The landlord is not required to correct conditions caused by misuse or inappropriate use of the premises by the tenant, the tenant’s family, or invited guests.
Fit and Habitable Housing
In most jurisdictions a landlord has a duty to:
- Maintain the premises in a fit and habitable condition.
- Maintain the common areas of buildings and grounds in safe and sanitary condition.
- Comply with building, housing, health, and safety codes.
- Keep all electrical, plumbing, heating, and ventilation systems and fixtures in good working order.
- Maintain all appliances and equipment supplied or required to be supplied by the landlord.
- Provide running water and reasonable amounts of hot water and heat, unless the hot water and heat are supplied by an installation that is under the exclusive control of the tenant and supplied by a direct public utility hook-up.
- Provide garbage cans and arrange for trash removal if the landlord owns four or more residential units in the same building. Some jurisdictions also require recycling containers.
- Give notice as required by statute, unless it is an emergency, before entering a tenant’s unit, and enter only at reasonable times and in a reasonable manner.
Additional responsibilities to ensure habitable conditions may be imposed in some states or by local jurisdictions. Requirements can include climate-related responsibilities such as weather-proofing protections for heat, cold, water conditions, or severe weather; exterior lighting, security locks or other safety measures for protections against neighborhood conditions that pose a high crime risk; or environmental protections against hazards such as lead-based paint, mold, and asbestos building materials; and health and safety protections against pest infestations.
Tenant Rights and Responsibilities
Covenant of Quiet Enjoyment
A tenant has the right to quiet enjoyment of leased premises. The covenant of quiet enjoyment ensures the tenant that during his tenancy, his use and enjoyment of the dwelling unit will not be disturbed by others including the landlord. The covenant between landlord and tenant provides the tenant with the right to exclude others from the premises, the right to peace and quiet, the right to a clean and habitable environment, and the right to basic services.
If the landlord allows the premises to deteriorate causing the premises to become uninhabitable, the landlord has breached the tenant right to quiet enjoyment.
While the landlord has the responsibility to provide and maintain housing in a safe and sanitary condition, the tenant has the responsibility to ensure the property stays in clean condition and in good repair. The tenant is held responsible to notify the landlord of any health and safety issues in a timely manner. Failing to do so may make the tenant liable for additional damages that would not have occurred had the tenant reported the matter as soon as it was discovered.
Additionally, in most jurisdictions a tenant has a duty to:
- Dispose of garbage, trash, and other waste in a safe and sanitary manner.
- Keep the plumbing fixtures as clean as their condition permits.
- Use electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other systems properly.
- Comply with housing, health, and safety codes applicable to tenants.
- Refrain from damaging the premises and keep guests from causing damage.
- Maintain in good working order appliances supplied by the landlord.
- Conduct himself in a manner that does not disturb any neighbors and require guests to do the same.
- Permit landlord to enter the dwelling unit if the request is reasonable and proper notice is given.
- Be responsible for items that break or are damaged by tenant misuse or negligence.
In summary, the landlord is held financially responsible to keep the rental premises habitable throughout the tenancy including repairs resulting from normal wear and tear or from actions of a third party such as vandalism. However if the tenant’s actions result in the rental premises becoming unfit, the tenant is held responsible and therefore financially responsible for repair costs.
Lease Agreement
The landlord’s lease agreement is the defining document of rental duties and responsibilities. If an issue arises, the first look back will be to the lease agreement for specifics of landlord and tenant duties and remedies for contract violations.
The issue of property maintenance and repair should always be clearly defined in the landlord-tenant lease agreement. The lease should incorporate the repair and maintenance issues that are specifically addressed by state landlord-tenant statutes and municipal codes as well as the landlord’s rental policy and practices for repairs and maintenance. There should be no discrepancy between landlord policy and practices and legal compliances.
Before setting his maintenance-repair policy and practices, a landlord’s due diligence in researching state landlord-tenant statutes and local code requirements will help determine what maintenance and repair responsibilities may be legally assigned to the tenant and what responsibilities can be assigned to the tenant as a practical matter.
Failure to adequately address these issues within the lease agreement can lead to erroneous assumptions as to which party is responsible for specific maintenance and repair issues. This can result in landlord-tenant conflicts and/or damages to the landlord’s property due to failure of the tenant to perform certain maintenance tasks. Without adequate definition of responsibilities, tenant failure to perform maintenance, for which the tenant can legally be made responsible and for which the landlord had assumed the tenant had been made responsible, could result in claims of non-habitability being filed against the landlord with government agencies or in court despite the fact that the tenant had accepted the responsibility. Although the landlord may prevail in defending against such claims, it can require significant time and money to deal with them.
Major Repairs and Maintenance
It is generally held that the responsibility for major maintenance of essential services, structural items, and common areas should be retained by the landlord. In some jurisdictions, courts have held that responsibility for major repairs and maintenance cannot be delegated to tenants due to concerns of tenants’ means and abilities to perform required repairs and maintenance. There is greater potential liability to the landlord regarding claims of injuries or damage to people and property for careless or faulty repair work. While in some states a landlord has a legal right to delegate major repairs, a landlord still retains the responsibility for providing habitable housing.
Minor Repairs and Maintenance
Repairing or replacing items that fail due to normal wear and tear is assumed by the landlord as the cost of being business.
Tenant Assignment of Maintenance Tasks
Although the lease agreement may hold the tenant responsible for certain maintenance and repair duties, the tenant may not have the expertise and experience to correctly complete the task. Transfer of maintenance responsibility to the tenant does not relieve the landlord of a duty to monitor the tenant’s work performance and quality standards and, as necessary, take control to ensure compliance with habitability standards. In general, allowing tenants to do repairs is not a good idea.
Appliance Repairs and Maintenance
Appliances furnished with the rental unit must be maintained by the landlord. If the rental unit is advertised as being equipped with named appliances and the lease agreement covers appliances furnished for use by a tenant during the lease term, a landlord is obligated to take appropriate action to repair or replace the failed appliance. A landlord does not have the option to decline the service request. It is the landlord’s option to decide whether the appliance should be repaired or replaced.
Tenant Damage
As a general rule, if the tenant or his family or guests cause damage to the rental property, either through misuse, inappropriate use, or negligence, the tenant is responsible to pay for repairs or replacement.
Tenant Unauthorized Repairs
The landlord may not be aware that the tenant is making repairs for which the tenant hasn’t the skills and experience to do them correctly and safely. A tenant may repair items on his own because the tenant caused damage and doesn’t want the landlord to find out about it. If tenant repairs are not properly done, it can cost more to correct the damage/repair than it would have cost for the work to have been done by a qualified vendor. Regular property inspections can help discover repair and maintenance issues that should be done or need to be redone.
Maintenance and Repair Documentation
It is important to maintain a detailed up-to-date maintenance/repair log which provides detailed information about tenant requests for maintenance service, repair and replacement work by the landlord or authorized vendor, results of property inspections, and corrective actions taken. Keeping a maintenance/repair log is evidence of the landlord’s compliance to provide safe and sanitary housing.