maintence vs wear and tear : ezLandlordForms

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Kimberley M

started a topic over 11 years ago

I am the property manager of a property that have a renter moving out. on their lease it stated that they were responsible for all repairs in or about the leased premises up to and including 100.00 dollars for mainteneace and repairs. Upon the move out I found that the shingles had blown off the roof of the storage shed and trim had fallen off the front of the house and was hanging down in front of where they park...when i walked into the house the front bedroom and bathroom have no power. The tenant had previously called the owner of the house and reported it as a problem...it was never braught to me the prop manager. The tenant told the owner that she was calling a repair man and would take care of the problem, obviously it was never done.... None of these problems were ever reported to me for a repair order. the tenant is now saying that the roof and trim are normal wear and tear (not maintenance) and that they did have an electrician come over and fix the problem with the electrical but cant remember what the problem was that was found and cant produce a receipt for repairs and are saying that this new problem "just came up" when I tried to turn the lights on and they want their deposit back.... oh also..... they had the rent prorated for 1/2 the month (which of course they did not pay) and the tenant is telling me to take that money out of the deposit.....I know that I cant legally use the deposit money for rent but what if they gave me permission...I have the text from the renter telling me to use it for the back rent.

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Clark F

said over 11 years ago

The general rule is that you cannot require tenants to make repairs. The law allows the tenant and the landlord to agree that the tenant will make certain repairs, or do certain maintenance tasks or remodeling only if: The tenant's rental is part of a one-, two-, or three-family rental property; The agreement is: In writing; Signed by the tenant and the landlord; A separate document from the rental agreement; and, specifically states the tasks for which tenant is responsible; The agreement is supported by adequate consideration, which means that both parties must receive some benefit from the agreement. For example, if the tenant agrees to fix the leaky roof, then the agreement would specify what benefit he/she will receive for doing that task which would normally be your responsibility. Although, if your tenant does not maintain rental unit, as described in the lease, you have the right to enter, make repairs, and charge tenant.

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Kimberley M

said over 11 years ago

the lease agreement does not say that they need to make the repairs..it states "the tenant is reposnsible for all repairs needed in or about the leased premises up to and including $100.00" AND it is there responsibility to promptly notify the landlord of the need for any repair of which the tenant becomes aware. she called the owner of the property about the electrical portion, then told the owner that she would take care of the problem....the owner nor the tenant ever advised me of a problem... the owner has several unanswered texts asking the tenanat if they ever got the electrical issue figured out and taken care of...