Things do break from time to time. Learn what to do if a renter reports, or fails to report, a problem in, on, or around their unit.
What you will discover:
Why should landlords and managers be concerned about maintenance?
What can be done to deal with nitpicky tenants?
How do you deal with renters that do not report concerns or damage things?
Is it necessary to provide notice to enter in an emergency?
The law, their contract, and customer service all contribute to a landlord’s responsibilities for rental property upkeep. Many landlords discover that going above and above the legal requirements keeps renters satisfied, decreases turnover, and justifies higher rates. However, some renters may attempt to take advantage of vigilant property managers. When this occurs, a landlord must know how to react. The questions below may assist landlords and property managers in determining their legal responsibilities for both required and needless repair and improvement requests.
Why should landlords and managers be concerned about maintenance?
There are several reasons for landlords to be vigilant and generous with upkeep. Landlords want to keep their renters happy while also preserving their investment property. renters who are happy are better renters, which implies tenants will feel they are receiving excellent value even if the landlord raises the rent. Furthermore, providing free maintenance services for typical problems like as blocked drains or toilets may assist avoid minor difficulties from becoming major ones that affect several renters.
Landlords are required by law to provide specific levels of upkeep. This might include achieving minimal habitability criteria such as operating heat, hot water, plumbing, and exterminator services in certain regions. There may also be requirements to maintain items such as air conditioners and cooking stoves under state or municipal legislation or under the Lease Agreement. A lease is a legal contract. It may need explicit maintenance or there may be an implicit responsibility to maintain amenities, such as when the air conditioning fails, which must be repaired.
In certain cases, failure to complete maintenance responsibilities may constitute a violation of the lease agreement. When a landlord breaks the agreement, a tenant may be eligible to terminate their lease or the landlord may be held accountable for damages or fined. Inadequate upkeep may also reduce property value or result in increased maintenance and repair expenditures to compensate for previous neglect.
What can be done to deal with nitpicky tenants?
While most renters are decent, nitpicky tenants do exist. They may have high expectations of what a landlord should do, they may complain to gain an advantage in rent negotiations, or they may be searching for an excuse to break the lease.
When a renter wants maintenance or a repair, the landlord must determine whether to comply. If the request is for anything that is required by law or the lease, it must be completed within a reasonable time frame. What constitutes a fair period will vary depending on what is required and the influence on living circumstances.
A landlord is not required to give an improvement if a renter wants one. When landlords make improvements, they usually pay for them and record the work using a Maintenance Report Form. However, upgrades might serve as the foundation for future rent hikes.
Landlords may decline a request if they consider it is unreasonable since it is not required by law or the lease. Some landlords may volunteer to conduct the job in exchange for a fee paid by the renter. For example, if they dislike their oven but it functions well, a landlord might offer to improve it at their cost provided the renter agrees to a rent increase. A Lease Amendment may correctly establish a tenant’s commitment to pay for an upgrade. When a landlord refuses a request, he or she should explain in writing why it is not required by law or the lease, and suggest alternatives, such as the tenant hiring a handyman.
It is also a good idea to have renters fill out a Tenant Maintenance Request form to properly monitor issues. If a tenant does not agree with the outcome, a Complaint to Landlord form may be used to memorialize their concerns and perhaps lead to a reasonable agreement.
How do you deal with renters that do not report concerns or damage things?
If a renter fails to report a concern, landlords must investigate why. Tenants may be concerned about higher fees, being evicted, looking tough, or just dismissing the issue. In such circumstances, landlords should remind renters that they would take care of the situation but must be notified if anything goes wrong. Landlords who have renters that pose this danger may wish to arrange yearly checks to ensure everything is in order.
In certain circumstances, renters fail to report concerns, resulting in more damage, or, worse, the tenants may be creating the damage on purpose. In such instances, a landlord may be able to evict the renter, keep the security deposit, and seek further monetary compensation from the tenant for the expense of repairing any damage.
Is it necessary to provide notice to enter in an emergency?
Even in an emergency, landlords should first attempt to contact the renter by contacting them if they are not at home. In general, landlords do not need to provide notice to enter during genuine crises, but they should always knock loudly, declare who they are, and that they are going to enter to prevent surprises. If a landlord intends to let employees enter a tenant’s apartment when they are not at home and cannot be contacted, that worker should be monitored. In this case, landlords might consider merely letting personnel perform the bare minimum to handle the problem until the tenant is alerted.
For example, if a downstairs tenant reports a big leak from above that is not ceasing, landlords are not normally required to provide a 24-hour written Notice to Enter if the above renter where the leak is thought to originate is not home or answering their phone. However, if there is a means to temporarily solve the issue without entering, such as turning off the water to the unit from outside the unit, it may be prudent to begin there to allow the renter as much time as possible before entering.
