Renting often comes with unexpected maintenance issues, even more so when renting a house—from faulty appliances to blocked plumbing. When problems arise, it’s not always clear whether the tenant or the landlord is responsible for fixing them. While lease agreements typically outline these responsibilities, the wording isn’t always crystal clear, leaving renters unsure of what falls under their duties.
Knowing the difference between renter and landlord obligations can help avoid confusion, unexpected costs, and potential disputes. This guide breaks down the typical responsibilities of each party and outlines the steps tenants should take if property damage occurs during their lease.
Property Damage vs. Wear and Tear
Both wear and tear, as well as property damage, can be monitored by taking a thorough inventory before moving in and photographing any existing damage. However, there’s a big difference between the two:
In most cases, the landlord bears the responsibility of dealing with wear and tear, while tenants are responsible for fixing any damage they’ve caused during their lease. At the end of the lease, a second inspection can be carried out and compared to the original inventory.
Tenant Responsibilities
When it comes to property damage and maintenance, tenants have several responsibilities. The most common include:
1. Reporting Property Damage
Whether it’s accidental damage that the tenant has caused or a problem with the house, like a leaking pipe, the tenant’s primary responsibility is to report any damage to the landlord as soon as possible. The sooner they know, the sooner the issue can be resolved, preventing bigger problems down the line.
2. Daily Upkeep
From replacing old lightbulbs or tightening loose cabinet handles to ensuring appliances are used correctly, tenants bear the responsibility for the day-to-day upkeep of the property. This includes anything that is required to keep the house functional and comfortable. Through regular, relatively small upkeep tasks, larger problems can be avoided.
3. Keeping the Property Clean
Tenants are also responsible for keeping the house clean, which can also prevent future larger issues, such as pest infestations. If tenants fail to keep the house adequately clean and pests become a problem, renters will usually be responsible for the associated pest control costs.
4. Repairing Damage Caused by the Tenant
Any damage that the tenant—or their pets, guests, or children—causes is their responsibility to fix. They’re required to report the problem to the landlord, but beyond that, the tenant should organize and pay for any repairs necessary.
5. Ensuring Utilities Are Used Correctly
Damage to heating, electrical, plumbing, or gas systems caused by the tenant’s incorrect use will also be their responsibility to fix. For example, if a tenant shuts off the water supply to the heating system and subsequently damages the boiler, it’s their responsibility to fix it.
6. Security Upgrades
Landlords are required to ensure the property is secure. However, if the tenant wishes to install additional security systems, such as a doorbell camera or extra locks on the doors, they’re responsible for bearing the costs and arranging the installation. Tenants must first get permission from the landlord before making any changes.
7. Small Repairs & Maintenance Tasks
A landlord may allow renters to make small repairs to issues that they didn’t cause, provided they are skilled enough to handle them. For example, fixing a leaking pipe, tightening loose door hardware, or filling nail holes. However, it’s essential for the tenant to have the landlord’s written approval. Larger DIY projects or repairs are often best left to professionals, as they may present safety risks or create more damage if things go wrong.
Landlord Responsibilities
The landlord’s primary responsibility in terms of maintenance and property damage is to ensure their tenants are provided with a safe and habitable home. This means responding to issues raised by the tenant and ensuring repairs are carried out on time. Here’s a rundown of what landlords are typically required to take care of:
1. Maintaining Comfortable Living Standards
Specific living standards vary depending on location, but for the most part, landlords are required to ensure the property is habitable. This means maintaining the structural integrity of the building, creating a pest-free environment, and providing stable access to essential utilities, such as water, electricity, and heating.
2. Major Structural Issues
Any issues with the structural elements of the house, such as the foundation and roof, are down to the landlord to maintain and repair when necessary. Tenants are advised to recognize warning signs that could hint at structural issues, such as a sagging roof or significant cracks, and report them immediately.
3. Plumbing & Electrical Issues
From blocked drains to leaking pipes, it’s normally down to the landlord to address plumbing problems. One known exception is if the tenant has blocked the toilet by flushing items that shouldn’t be flushed. The landlord is also responsible for ensuring a constant supply of both potable water and hot water. Additionally, any faults with electrical systems will normally be the landlord’s responsibility.
4. HVAC Systems
HVAC systems keep homes comfortable, and any issues should be promptly fixed. Unless the tenant has caused obvious damage through misuse, the landlord typically bears the cost of servicing and maintaining such systems. However, tenants may be expected to clean the filters occasionally.
5. Security & Safety
Landlords bear the responsibility of ensuring the house is safe and secure. This means fitting appropriate locks to the doors and windows and may extend to fitting security lights, cameras, and alarm systems. In addition, they should see that smoke detectors and carbon monoxide detectors are in place. However, it’s normally down to the tenant to ensure that security systems are used properly and that detectors are regularly tested.
6. Existing Appliances
Landlords are also responsible for maintaining any appliances that come with the house. For example, if the washing machine fails due to regular wear and tear, they are required to fix or replace it.
Let’s recap:
But Who Is Responsible for Outside Areas?
Each rental is different, so renters must make sure to check the lease agreement for the specifics. However, for the most part, the landlord is responsible for maintaining the outside elements of the property, such as exterior paint, fences, roof, etc.
Meanwhile, the tenant is usually responsible for the regular upkeep of the yard, including basic landscaping, mowing the grass, and generally keeping the area clean.
How to Deal With Property Damage During a Lease?
In the event of any property damage (whether caused by the tenant or not), the first step is to inform the landlord or property manager. Tenants shouldn’t fear negative repercussions and should instead focus on resolving the issue as quickly and efficiently as possible. Ideally, all correspondence regarding such a situation should be in writing and complete with any relevant photos or videos.
Landlords generally have up to 30 days to resolve issues reported by the tenant. However, for emergency issues, this is typically reduced to 24 hours. Be advised that these timeframes vary by location, so be sure to check local regulations.
If the landlord doesn’t deal with the repairs or maintenance that they’re responsible for, tenants may legally be allowed to withhold the rent, depending on the location. However, this should be a last resort, reserved for cases in which the habitability of the house is being impacted. In such cases, tenants are advised to seek legal aid. Alternatively, tenants may be able to take care of the repairs themselves and deduct the cost from the following month’s rent.
The key to preventing disputes over maintenance and repairs is a blend of clear communication and a thorough understanding of lease agreements. By knowing their respective responsibilities, both tenants and landlords can ensure a well-maintained and stress-free rental experience.
Image credits: Pixel-Shot; Visual Generation; GoodStudio/Shutterstock.com
