10 Repairs That Aren’t Your Landlord’s Responsibility

One of the benefits of being a renter as opposed to being a homeowner is that the landlord is responsible for many costly home-improvement projects, like replacing a leaky roof or updating dying appliances. But not all domestic damage is his or her responsibility. What exactly are you on the hook for? Find out which home repairs are not your landlord’s problem — and start saving up for them now.

1. Replacing light bulbs, batteries, and HVAC filters

The landlord can’t control how much you run the lights, so replacing bulbs when they burn out is your responsibility. The same may be true for replacing batteries where necessary, including those in smoke and CO2 detectors, which should be outlined in your lease so that there’s no confusion about who’s supposed to keep up with home safety. Many leases will also require tenants to replace air filters in HVAC systems on a regular basis (ideally every three months, but landlords often supply the filters).

2. Unclogging backed-up drains that you caused

Here’s what I’ve learned from personal experience: Don’t put egg shells or potato skins in the garbage disposal if you don’t know how to unclog the sink. Otherwise, it’ll cost you a visit from the plumber, because this is definitely not your landlord’s problem. Same goes for the toilet — you do the crime, you do the time. Unclog it yourself or call someone ASAP before the problem turns into more damage from overflowing water and other “stuff.”

Practice other considerate grooming habits, too — like cleaning your hair out of drains to keep pipes in working order. If your landlord has to come over to do this for you, he or she has every right to tack an extra fee onto your rent that month.

3. Certain pest infestations

Assuming that you’re moving into a rental unit that doesn’t have any existing vermin problems (you should verify this independently before signing a lease; don’t just take the landlord’s word for it), you may be responsible for any rodent or bug infestations that occur after you move in. Be sure to check the terms of your lease as well as any state-specific laws regarding pests such as bedbugs.

Certain living habits, like leaving old food out or failing to regularly take out the trash, can attract ants, cockroaches, or even rats. If your landlord finds you responsible for the infestation, you will likely have to pay up to get rid of the problem.

Other bug or rodent infestations can happen naturally. Termites, for example, can infest any building regardless of your living habits. In this case, it’s on the landlord to get an exterminator.

4. Lawn care and snow shoveling at single-family homes

Unless your landlord has agreed to handle the mowing and snow shoveling in the single-family home you’re renting, you’ll need to get out there yourself. While you can let the lawn go for a little while, you’re legally required to have your sidewalk shoveled within a few hours after a snowstorm ceases. Fail to do it and you could face fines from the city, which also will be your responsibility. If you live in a multiunit dwelling, however, the landlord generally takes on this responsibility him or herself or hires someone to do it.

5. Damage to property due to your negligence

Being a decent human being means taking responsibility for damage caused by your own negligence — accidental or not — and that of your family, friends, kids, and other guests you invite into the home. Your landlord is not responsible for anyone’s carelessness; you can’t punch holes in the walls during an argument and expect them to fix it. And please, don’t lie to get out of whatever it is you or they did to damage the property. Be an adult, pay for the repairs, and move on (ideally with people who don’t destroy things).

6. Carpet cleaning and repainting

One of the biggest costs to landlords is replacing carpet ruined over time by tenants. I’ve seen some of this damage myself, and I’m frankly baffled by how disrespectful some people are and the lengths they’ll go to try to skirt the cost of cleaning or replacing the carpet.

Repainting the walls their original color (if you’ve painted them) is also your responsibility. This should absolutely be a clause in your lease, but you should always contact your landlord before making any paint decisions.

7. Pet damage

I once had a tenant who was not authorized to bring an animal into my rental but did so anyway. When I questioned her about it, she denied it. I explained to her the strong smell of feline urine upstairs, at which point she revised her story to having a dog in the house briefly. I wasn’t born yesterday, lady. The dog bit was a lie, too — but it didn’t matter what kind of pet was in my house. It was unauthorized, and I passed the cleaning bill right along to her.

8. Misuse of appliances that cause them to malfunction

You break it, you buy it — that’s the rule with appliances in your rental that you’ve damaged. Whether you’ve caused a dryer fire from neglecting to clean out the lint trap, burned out motors from working appliances too hard, or caused the dishwasher to overflow because you thought laundry detergent would work in lieu of dishwashing liquid (shout-out to my ex-husband), it’s all your responsibility. If any appliance just stops working, however, it’s probably on your landlord — so give ’em a call.

9. Holes in the wall from frames and shelving that you hung

Before you can get your security deposit back, your landlord will want to make sure a few tasks are completed, including patching up holes you’ve put in the wall from frames, shelves, and other damage you may have caused to the drywall and paint from adhesives. Skip out on it and you can kiss your money goodbye.

10. Anything else outlined in the lease

Read your lease closely before signing. Most issues of landlord/tenant responsibility are outlined in the document. Keep it on hand to go over again if issues arise so you can quickly determine whether or not the burden and financial responsibility falls on you. Once your signature is on the lease, you’re legally bound to it. If you feel like something outlined should be the landlord’s responsibility, discuss it beforehand to revise if necessary. After that there’s no wiggle room — it’s either your problem or not.

 Source: wisebread.com

How To Determine Reasonable Charges for Tenant Damages

What To Deduct From the Security Deposit

By 

Erin Eberlin

Updated on September 13, 2022

 Fact checked by 

David Rubin

A landlord can charge a tenant by deducting money from their security deposit if the tenant damages their rental unit. Understanding the rules can help you determine what reasonable charges are tenant damages, so they’ll be more likely to hold up in mediation or small claims court. This could happen if the tenant refuses to pay or accept responsibility for the problem.

Key Takeaways

  • It’s critical to inspect the unit with your tenant prior to their move-in date so you can jointly assess the condition of the property and have them acknowledge the condition in writing.
  • Most states don’t impose a limit on how much a landlord can charge for damages, but you should be able to justify the expense of making repairs.
  • Landlords can’t charge for normal wear and tear, such as thin spots in carpeting near the front door that appear after five years.
  • Most states require that you provide tenants with written notice before you make deductions from their security deposits for damages or any other purpose.

Inspect the Unit Before Tenants Move In

One of the most crucial factors involved with being able to charge a tenant for damage actually occurs before the tenant moves in. The move-in inspection documents the condition of the rental property at the time a tenant takes possession of the property, including any existing issues. Consider making a checklist that will help serve as proof that the unit and fixtures were in good condition when the tenant moved in.1

Note

The tenant must sign the move-in inspection checklist, stating that they agree with the condition of the property and/or citing anything they disagree with.

Factors To Consider When Determining Damage

Repairs tend to be so specific that it can be difficult to put together a standard list of potential repair costs for your property. One tenant might flush a diaper down the toilet and cause the entire main sewer line at the property to back up. Another might do the same thing and only cause the toilet to temporarily overflow. But that could cause water damage to the ceiling of the tenant on the floor below.

Whatever happens, you should investigate each repair to determine the specific cost. Here are a few factors you’ll want to take into account.

  • Age of the item: Was the item that was damaged brand new, or had it been in the property for several years?
  • Original cost of item: How much did the item cost when it was originally purchased? Was it a $20 smoke detector or a $500 vanity?
  • Repair or complete replacement: Does the repair involve fixing a small part of the item or replacing the whole thing? Will you just be replacing the vanity top or will the entire vanity need to be swapped out?
  • Length of time to complete repair: Does the repair simply involve going to the store to get a replacement part, or will it be a four-day process to retile the bathroom floor?
  • Special skills needed: Will you have to hire someone to complete the repair, such as a licensed plumber or electrician, or can you do the work yourself?2

Check Your State’s Security Deposit Laws

Keep in mind that security deposit laws can vary by state. For example, Florida’s statutes clearly delineate exactly what a landlord can potentially deduct from a security deposit, and it requires 30-day notice to the tenant.3

You Can’t Charge for Normal Wear and Tear

Landlords can charge tenants for damage caused, but they cannot charge tenants for normal wear and tear. Normal wear and tear occurs because of ordinary use, while damage occurs because of abuse or neglect.

Examples of Wear and Tear vs. Damage

Consider these examples of wear and tear versus damages.4

Wear and Tear

  • Loose doorknob
  • Cabinet door won’t fully close
  • Shower needs to be recaulked

Damage

  • Broken tiles
  • Stains on carpet
  • Large holes in drywall

Get Various Contractor Estimates

You may want to get two or three estimates from different contractors for repairs that require you to hire someone else to do the work.

Note

You can provide the tenant (and the court, if necessary) with a copy of these contractor quotes so they understand how you arrived at the repair cost.

You can also use websites like HomeAdvisor to get an estimate of the average costs in your area. Its True Cost Guide may help you with estimates. HomeWyse also allows you to estimate material costs, installation costs, and maintenance costs in your ZIP code.

Provide Copies of Receipts

You must give tenants a copy of the receipt for materials and labor used to complete the repair if you charge them for it. You must provide them with a good-faith estimate of how much it will cost to complete the repair if you haven’t yet completed it.2

Give an Itemized List of the Damage You Charged For

You must provide the tenant with an itemized list of all damage and the cost of each repair when you take deductions from their security deposit. The list must be included when you return the security deposit amount owed back to the tenant. You must include any relevant receipts or estimates for work.

You must also send them a written notice of the damage they’ve caused at the property and an invoice giving a breakdown of the amount they’re responsible for paying if you discover the damage during their tenancy. Again, you must include any receipts, and actual or good-faith estimates.5

Pros and Cons of a Standard Cleaning and Repair List

Some landlords include a list of standard repair costs in their lease agreements. This list details different types of damage and how much you’ll charge the tenant to repair it. You might state “Replacing Missing Smoke Detector: $40” or “Replacing Broken Glass in Window: $150.” But there are pros and cons to this approach.

Pros

  • Tenants will be aware from the start how much specific damages will cost them.
  • A tenant will know that it will be difficult to dispute these charges in court if they sign this repair list.

Cons

  • You could limit yourself to collecting the amount cited on the list, even if the repair turns out to be more extensive.
  • Tenants may not treat the premises with care if they think the amounts that you’re charging are small and nothing to worry about.

Pros Explained

The upside to using a repair cost list is that tenants will be aware of how much you’ll charge them for specific damage. The tenant might have a hard time disputing the cost of such repairs in court if they signed the repair list and agreed to these amounts as part of the lease,

Cons Explained

The downside is that you may have a hard time being able to charge more than the amount on the list if the repair turns out to be more extensive than expected. And tenants may not be as careful or worry about thoroughly cleaning the apartment when they move out if they feel the amounts you charge for such repairs are small.

The Bottom Line

Being a landlord is likely to involve cleaning up tenants’ messes or accidental damage to your units from time to time, but you should be able to fix the problem if you’re prepared for calculating how much to charge them to repair or replace damaged items. You should be able to fix the problem—or be ready to represent your case in court—if you’re familiar with local tenancy laws.

Frequently Asked Questions (FAQs)

What is the most a landlord can charge for damages?

Most states, such as Washington, don’t impose a specific limit for how much a landlord can legally deduct from a security deposit for damages. The amount must usually just be considered reasonable and documented in writing.6

Can a landlord charge for wear and tear?

Landlords can’t charge for normal wear and tear. Carpets, appliances, cabinets, and woodwork simply wear out after years of use. This is to be expected and it’s not considered to be “damage.”

Can landlords charge you for cleaning?

Again, it can depend on state law. For example, Massachusetts doesn’t allow landlords to charge for carpet cleaning, but this rule applies only to “routine” cleaning.7 It probably would not apply if you allowed your child to fingerpaint on the flooring.

How long after you move out can a landlord charge you for damages?

Most states have deadlines by which a landlord must return a security deposit less any charges for damages. Landlords have 30 days in New Jersey.

https://www.thebalancemoney.com/reasonable-charges-for-tenant-damages-4778889