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Understanding Tenant Rights: Repair Responsibilities in Rental Properties

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Understanding Tenant Rights: Repair Responsibilities in Rental Properties

Posted By Freida Davis     Aug 19    

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Are you a tenant or a landlord?

Either way, understanding your responsibilities regarding property repairs and upkeep is essential to building a solid relationship with the other party. It ensures smooth rental experiences with minimal conflicts: tenants get to stay in a safe and appealing home they can be proud of, while landlords enjoy passive income and remain compliant with tenancy laws.

What if upkeep problems arise? Tenants and landlords have distinct responsibilities to maintain the property’s safety and integrity, some of which we’ve outlined below.

What are Tenants’ Upkeep Responsibilities?

Even if you don't own the rental property, maintaining it gives you a healthy place to stay, whether alone or with loved ones.

Routine maintenance

You're responsible for maintaining your rented unit, like sweeping floors, cleaning bathrooms, and dusting shelves. Treat the unit as if it's your own to prevent minor problems from becoming larger and costlier. Of course, shared areas outside your unit aren’t your responsibility.

Minor repairs

Likewise, you're also responsible for fixing minor repairs, like replacing lightbulbs and smoke detector batteries. These tasks prevent further inconveniences and keep the property functional and safe. Most tenants pay for these costs out-of-pocket, but you can negotiate with your landlord to split or take the bill. Don't worry about repairs outside your unit—they're the landlord's responsibility unless you caused it.

Garbage disposal

Most landlords provide shared garbage bins outside for trash disposal. Then, they usually sign the property up for garbage collection services and add this cost to your monthly rent. Now, your job is to dispose of and segregate your trash correctly to avoid it from accumulating inside your unit. In effect, you keep your unit clean and prevent pest infestations.

Cleanliness and sanitation

Keeping your floors, bathrooms, kitchens, and other living areas clean is crucial for maintaining your unit. Deep cleaning tasks—like carpet maintenance—can also keep your unit in top shape, prevent the spread of germs, and make your living space healthier for you and your family. 

Damage reports

Quickly inform your landlord about damages in your unit—like a leaky faucet, broken appliance, or structural issues—so they can fix it right away. This way, the damage won't worsen and make your unit unsafe. Remember to record reported damages and repair requests for future reference or in case of disputes.

What Are Landlords’ Upkeep Responsibilities?

Are you a landlord? If so, most property maintenance tasks, especially those in shared or common areas, fall into your hands.

Major repairs

If you own an apartment complex, plumbing issues typically affect all units since they share a sewage system. As a landlord, it's your job to fix these issues. The same goes for roof leaks, structural damage, and other significant repairs. These repairs can be costly, but they're crucial to protect your investment and avoid more damage and legal issues later on.

Habitability standards

While tenants are responsible for paying utility bills, you must ensure they have reliable access to water, heat, and electricity. 

Let's say your property is in an area with frequent water shortages. Consider building a water storage system to ensure your tenants always have clean water. You must also ensure the property is free from health and safety hazards like asbestos materials, uneven floors, and wiring issues.

Maintain HVAC systems

Heating, ventilation, and air conditioning (HVAC) systems are expensive to repair and maintain, so your job is to ensure they function correctly. Schedule maintenance every six months to keep them in good shape. Filter replacements are usually the tenant's responsibility, but you can also pay for them. Also, consider replacing old HVAC systems when they become too inefficient.

Pest control

As your property ages, cockroaches, rats, mosquitoes, and other pests are likely to appear. Even worse, they can bring diseases and make your apartment an unsafe place to live. So, schedule regular pest control treatments to keep your property vermin-free and maintain its value. Ideally, you should do it quarterly or bi-monthly, but it depends on the severity of the infestation.

Regulatory compliance

Ensure your property complies with all relevant safety regulations and tenancy laws. For example, if tenants in your California property make a repair request and you fail to perform it in time, they may do it themselves and deduct their expenses on the following rent bill. Otherwise, they can vacate the premises without paying anything else.

For Tenants: How to Report and Resolve Maintenance Issues

Knowing how to escalate maintenance issues to your landlord helps you avoid miscommunication and conflicts down the line.

1. Document the problem

The first step is to document issues thoroughly. Take clear photographs or videos, including other contexts like location, size, and extent. You can use this evidence to convey the problem's severity and back up your claim during disputes.

2. Notify property management in writing

Next, notify your landlord about the issue. Email is ideal because it timestamps your messages without getting buried under other messages like chats. Include the photos and videos you took and a detailed description.

3. Provide access to the property

If your landlord agrees to fix the issue, work with them to schedule a time that's convenient for maintenance workers to enter your unit. Be open about your privacy concerns to find a suitable solution that works for all parties.

4. Know your rights

Remember that the landlord is only liable for damage you didn't cause. Otherwise, they have the right to charge you for repairs. Refer to the applicable federal, state, or county tenancy codes for what you can and can’t do after encountering a problem in your unit. If you're in the Beehive State, stay on top of the tenant law in Utah for more information.

Keep the Property in Tip-Top Shape

Proper communication between tenants and landlords is crucial to maintaining a safe and habitable rental property. Tenants should notify property management about problems, while landlords must promptly fix them. This creates a positive and cooperative relationship between two parties who benefit from each other.

Most importantly, remember your rights and responsibilities to prevent potential conflicts and resolve every issue fairly. In turn, tenants and landlords can work together to preserve the property's condition and create a comfortable living environment for everyone.

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