Who should pay for the repair, Landlord or Tenants?

[Jenny Devin]

When repairing a house for rent, who should bear the burden, the landlord or the tenants.

This can cost you a lot of money, time, and headaches, so be careful and mindful of the contract that you will embark into as a binding agreement between the tenants and landlord that should clearly state each obligation and responsibility that protect both parties and their interest specifically in term who should pay for the expenses incurred during repair, maintenance, and renovation. In some rental agreements, the landlord is responsible for taking care of all repairs and maintenance of leaking faucets or broken air-conditioners. Calling property maintenance professionals can give you the estimated cost of repair or maintenance need or required for proper costing.

In other situations, the landlord may repair or replace only the major appliances and leave the rest to the tenant. There are contracts in which the lessee is responsible for all repairs and maintenance costs. There may also be regulations for the maintenance cost. There may also be regulations for the maintenance of yards or outside areas. 

After signing the rental agreement, thoroughly inspect the condition of all the houses. Just as a home inspection is performed when purchasing a house, the tenant must also take a good look around the house in the same posture so that the owner can receive an appropriate response when repairs are needed.

If inspection is neglected, it is easy to assume responsibility for defects or failures that have already occurred. Even if the landlord performs repairs, it is not easy to return the appropriate deposit in the future, so it is essential to check the condition of the house before moving in. 

Any malfunctioning or problematic facilities should be listed with photos and delivered to the building owner. The photo should include the date and time of the shooting, and the delivery of the list should be in a way that can record the delivery, such as e-mail. Some experts even recommend a method of notarizing the prepared list.

As you can see, you must read the tenants, landlord agreement to determine your responsibility, obligation, and your relation to repairing and maintenance issues Are clear about who pays for what, who repair (professional property maintenance), who arranges service calls, and how long you and the landlord have to resolve the issues.

The most difficult moment for those who live in leased houses or monthly rent is when the house is damaged. In addition to the damage to walls and windows, minor breakdowns such as bathrooms and boilers are inevitable. Conflicts between landlords 

and tenants often arise over the cost of repairs.  

Land Lords Duty to Repair

In conclusion, the landlord has to bear the cost of repairs, and here are the circumstances in which the landlord may ask.

That said, it is impossible to ask the tenants for repairs to the level that the wallpaper is torn or tiles have fallen off. The lessor is obliged to repair only typical damages as follows. 

Responsibilities of the Owner

Repairs that Landlord should pay.

The owner is obligated to maintain the following components in the same condition stated in the agreement between the lessor and lessee.

•  construction structure or framework of the building (roof, walls, etc.)
• the fittings in the building  (belongs to the owner, such as built-in cabinet, shelves)
•  equipment at the premises (e.g. Heater, Boiler, air conditioning system)
• electrical equipment (ceiling fan, fittings, and fixtures provided by the landlord under the lease and relating to services such as cooking gas, electricity, and water (i.e, pipes, and the boiler)

The lessor is not responsible for maintaining those items if:

• the need for the repair arises out of the tenant’s misuse of that item
• the tenant is entitled to or required by the lease to remove the item at the end of the lease

Responsibilities of the tenant 

The occupant is accountable for keeping the property clean and as good as it was when they move in, stated in the agreement over the term of the lease. Usually, any part of the property that is prone and vulnerable to human handling error or damage due to negligence or mishandling such as broken doors, locks, bulb switches overload an electrical outlet, damaged house paint due to vandalism, or accidentally acquired. 

In addition, Interior restoration is also required if tenants are responsible for any damage breakdown or abnormality due to the tenant’s negligence. That causes alteration from the original appearance of the interior design and condition such as wall painting, wall-to-wall carpet damage, etc.

That being said. The lessee is obliged to restore the property to its original condition before turning it over to its owner or after the end of the contract.  

If the landlord does not make repairs

If the occupants suffer damage because the lessor does not fulfill the repair obligations described above, the contract may be terminated or the rent may be waived during the period of damage. Keep in mind that during this period tenants will be asked to move out during the repair duration.