Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 10 years ago, 02/17/2015

User Stats

5,659
Posts
1,831
Votes
Elizabeth Colegrove
  • Hanford, CA
1,831
Votes |
5,659
Posts

Repairs Due to Tenants Negilience

Elizabeth Colegrove
  • Hanford, CA
Posted

The dishwasher in one of my rental unit stopped draining. $80 later the repair man told me it was due food getting stuck in the drain that was missed by the filter. I paid for the repair.

The repair got me thinking. While I keep my houses in good condition, I do want to keep a handle on our repair costs. I am getting ready to close on 6 houses in the next 4 months. I want to put something in the lease regarding landlord only pays for repairs due to wear and tear.

Question: What is your policy for repairs?

User Stats

1,265
Posts
655
Votes
Chris K.
Pro Member
  • Investor
  • Baltimore, MD
655
Votes |
1,265
Posts
Chris K.
Pro Member
  • Investor
  • Baltimore, MD
Replied

I have a clause that states any damage or repairs due to tenant negligence is the tenants responsibility. I even have a specific one about clogged drains.

In your situation I would have taken the $80 out of their security deposit and had them repay the $80

  • Chris K.
  • User Stats

    2,195
    Posts
    1,027
    Votes
    Aly W.
    Pro Member
    • Investor
    • Middletown, NJ
    1,027
    Votes |
    2,195
    Posts
    Aly W.
    Pro Member
    • Investor
    • Middletown, NJ
    Replied

    My leases also state that any repairs due to negligence or failure to maintain basic sanitary conditions will be charged to the tenant. That said, it's not really their fault about the clogged filter in the dishwasher, if this was the first time it happened. Let them know to scrape the plates first, so if this does happen again, it will be on their dime.

    We've had tenants that overloaded the dryer several times and we finally told them that any repairs caused by failure to clean the lint filter or overloading will be charged to them. Once they became aware, they stopped.

    I also make it very clear when they move in that if they flush anything down the toilets that they didn't eat first will be an expense that's billed to them if a plumber is required. It's also in the lease.

  • Aly W.
  • BiggerPockets logo
    Join Our Private Community for Passive Investors
    |
    BiggerPockets
    Get first-hand insights and real sponsor reviews from other investors

    User Stats

    330
    Posts
    62
    Votes
    Edward Burns
    • Rockford, IL
    62
    Votes |
    330
    Posts
    Edward Burns
    • Rockford, IL
    Replied

    If the cause was food getting by the dishwasher filter, have you checked to sure the filter is properly installed or possibly damaged. Most dishwasher filters I have seen will catch anything large enough to cause the drain to clog.

    User Stats

    5,659
    Posts
    1,831
    Votes
    Elizabeth Colegrove
    • Hanford, CA
    1,831
    Votes |
    5,659
    Posts
    Elizabeth Colegrove
    • Hanford, CA
    Replied

    I was told by the repairman that it just happens :) Lucky me!

    I was just curious how everyone else controlled maintenance cost and how many actually charge their tenants when it's their fault. It is very important to me to keep the houses up. That being said to date very little of the repairs have been due to "wear and tear" or old age. Most of the repairs have occurred due to tenants use.

    They are great tenants so I hate to charge them. On the other hand as we are expanding I want to make sure we keep costs undercontrol.

    User Stats

    207
    Posts
    120
    Votes
    Michael B.
    • Apopka, FL
    120
    Votes |
    207
    Posts
    Michael B.
    • Apopka, FL
    Replied

    Here's my policy:

    The tenant has to pay for repairs if they are unquestionably their fault. But if it's questionable, or partially his fault, or can even be argued it's my fault I do it at my expense.

    Here's the reason. I want the tenant to come to me when things are wrong. I don't want them trying to fix something he's unsure of and I sure don't want them not telling me maintenance is needed because they're afraid I'll charge them.

    If you think doing maintenance when you find it is expensive, try fixing it after it's been hidden for a couple of years.

    User Stats

    562
    Posts
    109
    Votes
    Andrea M.
    • Real Estate Investor
    • Hampton, VA
    109
    Votes |
    562
    Posts
    Andrea M.
    • Real Estate Investor
    • Hampton, VA
    Replied

    You would have to have that stated clearly in your lease. Not to mention, a lot of people put dishes in the dishwasher without rinsing it off to remove food remnants, which to me would imply the tenant was negligent, which cause the problem.

    I had a tenant move into a SFH from an apartment and put paper towels in the toilet, needless to say it caused a major problem, but since I had a clause in my lease about negligence, I paid for the problem to be fixed and they repaid me.

    User Stats

    8,329
    Posts
    4,343
    Votes
    Colleen F.
    Pro Member
    • Investor
    • Narragansett, RI
    4,343
    Votes |
    8,329
    Posts
    Colleen F.
    Pro Member
    • Investor
    • Narragansett, RI
    Replied

    I like the advise of @Michael B. about unquestionably their fault. If this happened again I would probably think it was their fault but first time no. Some dishwashers don't have food grinders, sounds like this one does and when updating having one that has a good filter and food grinder will decrease service calls and they don't need to rinse. Assume if they can screw it up they will and get something that will handle abuse.

    Also being proactive helps. I have a framed sign over our below grade toilet saying nothing but toilet paper. I go over this as well as what a plumber costs on move in. They should know not to put paper towels in but these are students so they are not going to tell their girlfriends not to put personal care products in the toilet. I take care of it for them and you know none of them took the sign down. Same with smoking (although that doesn't always work). So far it has been okay. Non-student tenants you sometimes need to be more diplomatic but don't assume they know because some people have never had to deal with house stuff. Sometimes just starting with I know you may know this but I go over it with all my tenants is enough.

    User Stats

    4,079
    Posts
    1,596
    Votes
    George P.
    • Property Manager
    • Livonia, MI
    1,596
    Votes |
    4,079
    Posts
    George P.
    • Property Manager
    • Livonia, MI
    Replied

    depends. if one thing happens over and over, then i will tell them i can't come back and fix it again.

    i had a main sewer clog 3 times and i rented the machine each time. but i told the tenant i can't come again and he rented the snake himself the next time. that's the last time it happened.

    if it will be hard to prove "in court" who's fault it is, i just go and repair it. i have the tools, have the time, so i just do it. i am a nice guy and they end up staying longer anyway.

    User Stats

    27
    Posts
    4
    Votes
    Johnathon Griggs
    • Salt Lake City, UT
    4
    Votes |
    27
    Posts
    Johnathon Griggs
    • Salt Lake City, UT
    Replied

    In the SFR lease agreement that I use, there is an entire section on the obligations and duties of the tenant which makes things very clear. The lease is long, but at lease there isn't any question as to who is responsible for what.

    To summarize:

    -Comply with HOA requirements

    -Keep the premises clean

    -Keep all plumbing fixtures in good repair

    -Use everything as it is expected to be used and in a reasonable manner (plumbing, electrical, HVAC, etc.) Here it is specifically stated, "Tenant agrees to be solely responsible for any maintenance or repair costing less than $100, regardless of fault or misuse. Any item of maintenance or repair exceeding this amount that is not caused by misuse, [etc.]... shall be performed by Landlord."

    -Don't destroy the place

    -Exercise good personal conduct and don't disturb the neighbors

    -Keep my appliances in good working order

    -Yard maintenance is your responsibility

    -And of course... those air filter thingies? Change 'em, it's on you!

    These are clauses are good for a SFR, but would have to be modified for any kind of multi-family...

    Hope this helps.

    Account Closed
    • Real Estate Investor
    • San Antonio, TX
    190
    Votes |
    785
    Posts
    Account Closed
    • Real Estate Investor
    • San Antonio, TX
    Replied

    I hope ya'll at least consider just owner financing a house sometime. Compare it to having a rental. For me, never having to fix houses again is the best thing ever. 

    User Stats

    1,309
    Posts
    459
    Votes
    Rolanda Eldridge
    • Investor/Realtor
    • Hoover, AL
    459
    Votes |
    1,309
    Posts
    Rolanda Eldridge
    • Investor/Realtor
    • Hoover, AL
    Replied

    It depends on repair. If it's normal weat/tear I take care.  If plumber  finds foreign object I bill tenant.  There's a line item in the lease that must be initial for this...

    User Stats

    1,309
    Posts
    459
    Votes
    Rolanda Eldridge
    • Investor/Realtor
    • Hoover, AL
    459
    Votes |
    1,309
    Posts
    Rolanda Eldridge
    • Investor/Realtor
    • Hoover, AL
    Replied

    @Account Closed ..Yes,  I have a combination of both in portfolio.  Definitely considering more owner financing in the future..

    BiggerPockets logo
    BiggerPockets
    |
    Sponsored
    Find an investor-friendly agent in your market TODAY Get matched with our network of trusted, local, investor friendly agents in under 2 minutes