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Updated almost 10 years ago, 02/17/2015

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Elizabeth Colegrove
  • Hanford, CA
1,831
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5,659
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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?

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Chris K.
Pro Member
  • Investor
  • Baltimore, MD
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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.
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    Aly W.
    Pro Member
    • Investor
    • Middletown, NJ
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    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.
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    Edward Burns
    • Rockford, IL
    62
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    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

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    Elizabeth Colegrove
    • Hanford, CA
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    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.

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    Michael B.
    • Apopka, FL
    120
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    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

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    Andrea M.
    • Real Estate Investor
    • Hampton, VA
    109
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    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.

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    Colleen F.
    Pro Member
    • Investor
    • Narragansett, RI
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    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.

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    George P.
    • Property Manager
    • Livonia, MI
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    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

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    Johnathon Griggs
    • Salt Lake City, UT
    4
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    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
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    785
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    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

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    Rolanda Eldridge
    • Investor/Realtor
    • Hoover, AL
    459
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    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

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

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