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A tenant is often held responsible for making all repairs to a rental unit. But is this realistic? When I first started as a landlord, I leased an apartment to some young people that required repairs. The lease agreement required the tenants to maintain the apartment and make it rent-ready in exchange for a reduced rent. This seemed like a fair deal, but it turned out to be a mistake. When the tenants failed to pay the second month of rent and I took them to eviction court, the judge laid into me for renting out uninhabitable premises.
In this article, we will discuss the tenants’ responsibilities for repairs in a rental property. Many landlords may wonder, can a landlord make a tenant pay for repairs? We will clarify this issue and explain what repairs landlords are responsible for and under what conditions tenants must pay for repairs to the rental unit.
Typically, in a rental property, a landlord is responsible for paying for repairs. This includes major repairs required by the implied warranty of habitability, which cannot be passed on to tenants. However, if there is a specific clause in the lease agreement that can hold a tenant responsible for damages that are beyond normal wear and tear, then the landlord can make the tenant pay for repairs. It is important to note that landlords are only obligated to cover repair costs if the damage is not a result of tenant negligence or abuse.
Recommended: If a tenant breaks a lease can I keep the security deposit? Get to Know.
Landlord Maintenance Obligations Under the Landlord-Tenant Act
Is it legal for a landlord to charge for maintenance? The responsibilities for maintenance and repairs between landlords and tenants are outlined in the Oklahoma Landlord-Tenant Act. Typically, a landlord is responsible for performing routine and necessary repairs and maintenance on the rental unit to ensure it meets the minimum habitability standards. A habitable premise is defined as housing that meets basic standards, including a roof that keeps out rain, sufficient hot water, reliable heat, sturdy floors and walls that are not in danger of collapse, and working utilities such as plumbing, electricity, and, if applicable, natural gas. Get to know more about what are landlord’s obligations on repair.
Additional responsibilities of landlords for repairs and maintenance include:
- Providing Trash Service: In apartment buildings, this typically involves providing a dumpster on the premises. For single-family homes, the tenant typically contracts with the local government for trash service.
- Maintaining Common Areas of the Property: Landlords must ensure that the property is as safe and healthy as possible for the tenant.
- Ensuring Vital Services are Working: Landlords must ensure that all plumbing, electrical, gas systems, and any supplied appliances are functioning properly.
[Also Read: What fixes are mandatory after a home inspection]
What to Do If the Landlord Doesn’t Carry Out the Repairs on the Property?
If the landlord fails to perform necessary repairs such as plumbing repairs, electrical repair, structural repairs after receiving a maintenance request from the tenant, the tenant has a few options:
Repair and Stay
If the repairs needed can be completed for less than $100, the tenant must notify the landlord and make the necessary repairs on the rental property. The amount spent on repairs can be deducted from the next month’s rent, and the tenant must provide an itemized bill to the landlord. It’s important to note that the tenant should not make any unauthorized repairs.
If a tenant makes unauthorized repairs, the repairs may not be recognized or reimbursed by the landlord, and the tenant may be held responsible for any resulting damages or restoration costs.
Repair or Move Out
If the landlord does not complete the repairs within 14 days of receiving notice, the tenant may vacate the property after giving the landlord a 30-day notice and stop paying rent.
Uninhabitable
If the property is unlivable or uninhabitable, the tenant must provide written notice to the landlord and vacate the property.
Utilities
If there is an issue with running water, proper trash receptacles, gas, or any other vital services, the tenant must provide written notice to the landlord and may either:
- Terminate the lease agreement with written notice.
- Repair the issue and deduct the amount from the next month’s rent.
- The last thing you want to do is file eviction on a tenant with a property that has repair issues that have not been addressed by the owner even if the tenant is behind on their rent. The best approach is to fix the problem and then file for the best eviction process in Oklahoma once those items have been addressed if the tenant is still behind.
- A heat and air service call if they did not change out the filter on a regular basis, causing the system to overheat and malfunction.
These are only a few examples of what can occur. Also get
What Repairs Are Tenants Responsible For?
As tenants, you are responsible for certain minor repairs and upkeep of the rental unit. This includes tasks such as mowing the lawn, keeping the area clean, and preventing trash from piling up. You are also responsible for changing the batteries in smoke and carbon monoxide detectors and replacing any defective light bulbs.
It is important to note that normal wear and tear on the property is the landlord’s responsibility. However, if the wear and tear are caused by your negligence or actions, you may be responsible for paying for repairs. The lease should clearly outline what expenses you are responsible for if you cause any damage to the property.
Here are some examples of repairs that you may be responsible for paying for:
- Unclogging a sewer line if you cause a blockage by putting something down the drain.
- Touch-up painting if you scuff up the walls.
- Carpet cleaning if you stain the carpet.
If you have guests who cause damage to the property, you may also be responsible for paying for repairs. It is the tenant’s responsibility to keep the rental unit free from excess moisture and potential mold growth. To prevent this, you may need to turn on the bathroom fan or open a window while showering. If you notice any signs of prolonged moisture or mold, it is important to immediately report it to the landlord.
Also Read: Who is Responsible for Pest Control When Renting: Landlord or Tenant?
What If a Tenant Makes Unauthorized Repairs?
If a tenant makes unauthorized repairs in a rental property, it can create a complex situation for the landlord. It is important to deal with this calmly and professionally. The first step is to contact the tenant and find out why they made the repairs without permission. If the repairs were minor and did not cause damage, the landlord can let it go. But, if the repairs were major or caused damage, the landlord must take legal action. Tenants will be financially responsible for reimbursing the landlord for the reasonable cost of the repair. Unless explicitly permitted in the lease agreement, tenants should not conduct any repairs or renovations on their will. Landlords and tenants should understand their rights and responsibilities regarding repairs and maintenance of rental properties.
How to Collect Payment for Repairs From Tenants?
Tenants typically don’t appreciate being asked to pay for repairs. While they may have agreed in the rental agreement to cover damages they cause to the property, actually taking responsibility for those damages can be a different story. Here’s how OKC Home Realty Services handles collecting payment for repairs:
Document the damages
Make sure to document any damages caused by the tenant, including what was repaired and what caused the damage.
Send a copy of the Bill and Documentation
Send a copy of the invoice to the tenant right away, both by email and regular mail. At the same time, add the invoice amount to their ledger.
Make Follow Up Calls
If the tenant does not submit payment, contact them and request payment. Consider working out a payment arrangement, such as $50 added to their monthly rent.
Deduct it from Security Deposits
If payment cannot be obtained, leave the charge on the ledger and deduct it from the tenant’s security deposit when they move out.
Small Claims Court
If the tenant denies paying for the repairs and the security deposit does not cover the cost, the landlord can take the tenant to small claims court.
Also Read: Best Upgrades for Rental Property
Conclusion
So, do renters pay for repairs? Yes, but it depends on the situation. As landlords are generally responsible for maintenance and habitability, however, tenants can also be held responsible for the damages caused by negligence or misuse. If you do not handle this properly, it may strain your landlord-tenant relationship.
Thus, professional property management services come in handy in such situations. If you are looking for a reliable property management company in Oklahoma City, OKC Home Realty Services may be the right choice for you. We offer a variety of services and help you generate steady profits. If you want to learn about our services, give us a call today.
FAQs on Landlord Tenant Responsibilities for Repairs
Can a landlord make a tenant pay for repairs?
Yes, a landlord can make a tenant pay for repairs, but it depends on the situation. Generally, landlords are responsible for maintaining the property and covering normal wear and tear. However, if a tenant causes damage beyond that, like breaking a window or neglecting to report a leak, they may be held responsible for those repairs. It’s important to check the lease agreement, as it often outlines specific responsibilities for both parties. If there's a dispute, open communication is key, and understanding the local landlord-tenant laws can help clarify obligations.
Can a tenant withhold rent to force the landlord to make repairs?
No, tenants cannot withhold rent as a way to force landlords to make repairs. This approach is illegal and might lead to eviction. If the tenant is concerned about the condition of the property then they must follow the proper rules and regulations by contacting the local housing authority.
Are there any time limitations for carrying out the repair works?
The landlords typically have a time period of 3-7 days to fix the critical repairs whereas the time period of 30 days to fix the repairs that are not critical.
What notice does the landlord have to give to the tenant before coming into the tenant’s place to make repairs?
Before entering the premises occupied by the tenant for repairs, the landlord must provide advance notice (usually 24 hrs) and can only enter the premises only if the tenant provides consent.
Who is responsible for repairs in a rental property?
Both landlords and tenants are responsible for repairs in a rental property. Generally, landlords have to maintain the property by conducting routine maintenance and repairs. It is an important responsibility of a landlord. However, this is not always true. The lease agreement may include a clause specifying the conditions under which the tenant can be held responsible for repairs and maintenance. It is advisable to check the rental agreement for such clauses. Get to know how do property managers pay for repairs on behalf of owners.
Is the Tenant Responsible for Repairs?
Generally, a landlord is responsible for maintaining the rental property and paying for repairs. However, if a tenant causes damages to the property due to negligence or any kind of abuse, then the tenant may be responsible for paying for the repairs. In some cases, the lease agreement specifies that a tenant is responsible for certain repairs. It is advisable for a tenant to review the lease agreement carefully.
What repairs are tenants responsible for?
Tenants are responsible for keeping their rental unit in good condition, which includes repairing any damage that goes beyond normal wear and tear due to negligence or the activities of guests. The tenants are responsible for returning the rental to its original state.
How to write a repair request letter to a tenant?
To send notice to tenant to make repairs, use a professional tone while writing a request letter. Clearly state the repairs needed and the reasons, set a deadline and remind that the repairs are necessary to comply with the lease agreement. Also include these information in the letter.
1. Date of the letter.
2. Your Address and Contact information.
3. Tenant name(s) and address.
4. Description of the repair issue(s).
5. Explanation of why repairs are necessary.
6. Date for completion of repairs.
7. Request for written acknowledgement of receipt.
8. Additional information, such as inspection request.
9. Notification of penalties for non-response or delays.
10. Mention any deductions from the security deposit.
Are tenants responsible for fixing a garbage disposal?
Tenants may be responsible if the clog resulted from misuse (e.g., disposing of grease or non-food items). Landlords typically handle mechanical failures. For minor clogs, tenants can learn How to Unplug a Garbage Disposal to avoid further damage.
Author
Scott Nachatilo is an investor, property manager and owner of OKC Home Realty Services – one of the best property management companies in Oklahoma City. His mission is to help landlords and real estate investors to manage their property in Oklahoma.
