Clarifying Wear and Tear vs. Tenant Responsibility for Appliance Repairs in CA

Clarifying Wear and Tear vs. Tenant Responsibility for Appliance Repairs in CA

New to Real Estate · Member since 2019 · 120 posts · 26 votes

Hello fellow landlords,

I hope you're all doing well. I wanted to open up a discussion about an issue I've encountered recently in my California rental property (7 yrs old home), and I'm sure many of you have faced similar situations.

In my lease agreement, I have specified that any repair not exceeding $200 should be the tenant's responsibility. However, my current tenant claims that the garage door repair should be considered "wear and tear" and, therefore, my responsibility as the landlord.

I believe there's a distinction between normal wear and tear and tenant responsibility. In my view, wear and tear generally applies to items that naturally deteriorate over time with regular use, such as paint fading or carpet wearing down. However, appliances like fridges, washers/dryers, light bulbs, toilets, and bath tubs are subject to regular maintenance and can require repairs due to usage.

I'd like to hear your thoughts on this matter. How do you differentiate between wear and tear and tenant responsibility when it comes to appliance repairs? Are there specific guidelines or practices you follow in your rental agreements, especially regarding the $200 limit for tenant responsibilities?

Let's share our insights to ensure fairness and clarity in our rental agreements and avoid any potential disputes with our tenants.

Thanks for your input!

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Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y

I would get more specific in your lease contract. State that light bulbs are not the LLs responsibility, as well as other items that are clearly destined to wear out on a regular basis...

This seems to be a common sense issue (to me). But some tenants will take advantage of unclear issues...

See this reply in the discussion

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  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    3y

    You're asking for trouble. If the repair no longer becomes tenant responsibility at $200, tenants will make sure the job costs more than $200. Call a plumber to fix a leaking drain for $125? Hell no, I'll wait until the entire cabinet is damaged from water and now this $500 fix is your responsibility!

    Unless there was visible abuse/damage or the repair person told me there was clear signs of abuse, appliance repair it landlord responsibility. 

    And don't ever screw around with safety issues. Garage doors kill people. Get it fixed. You don't want to be made an example of for being cheap and having someone injured or killed because you felt the tenant should pay. 

  • New to Real Estate · Member since 2019 · 120 posts · 26 votes
    3y

    Appreciate your prompt response, Greg M. The garage door issue was promptly addressed on the same day the tenant reported it. I'm currently trying to establish a clear understanding of my responsibilities as a landlord.

    Just yesterday, another tenant reported that the oven light has burnt out. I'm considering whether it's my responsibility to replace it. My concern is that if I replace the oven light, what's to stop the same tenant or others from reporting similar issues with bulbs in different rooms, or perhaps the fridge filter light coming on, and so on.

    I'd appreciate any insights or guidance on where to draw the line between landlord responsibilities and reasonable tenant expectations.

    Thank you,

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    3y

    I would get more specific in your lease contract. State that light bulbs are not the LLs responsibility, as well as other items that are clearly destined to wear out on a regular basis...

    This seems to be a common sense issue (to me). But some tenants will take advantage of unclear issues...

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    3y

    Generally (legally), you're responsible to replace anything that breaks as long as the item was there when they moved in. Microwave stops working, it's on you to replace. Bathroom fan stops working, on you again. Oven light, most likely on you as it's not a traditional consumable. FYI, I'd replace the oven light just out of fear that an idiot tenant might replace it with a regular bulb and it shatters/catches fire. Your rent encompasses not only the roof over their head, but also the use of fixtures and amenities. Therefore, you need to keep providing them. 

    You should have something in your lease talking about consumables. I make it clear that the tenant is responsible to replace light bulbs, air filters, & water filters. I also make it clear that once the item is replaced, it becomes my property and must be left in the unit. I added that clause after I came to my unit and the vacating tenant had taken half the light bulbs with her. 

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    3y

    @Ramki D.  and some just don't replace things at all, no lights in the fridge or freezer. Half the fan bulbs gone so it didn't happen overnight.  Tenant responsibility is for what they break, clog, or make dirty.  Also when they move out leaving about as clean as move in so carpet cleaning is on them. Generally if it would it be expected to happen with regular use you repair.  Things like a garage door that doesn't work because they ran into it, fridge handles and cabinet doors that fell off from yanking they pay for repair.  A dollar limit doesn't really work because they let things go. 

    And even if they took down the smoke detectors or failed to replace batteries that liability is going to be on you. 

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    3y

    You ever had anything on a garage door fixed? Its going to be well over $200

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    3y

    @Ramki D.

    In Our rentals we have a small closet that has incidentals like light bulbs.

    I agree with the other post on the $200 rule - it will probably cost you in the long run

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  • Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    3y

    Fortunately the CA Courts have a landlord tenant handbook that provides insights into how they view these kinds of issues here. Every repair that isn't caused by tenant negligence is the LL responsibility including appliances. Now it's a different issue if it broke because of misuse, neglect or negligence but you haven't mentioned anything that implies that here.

  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y
    Quote from @Greg M.:

    Generally (legally), you're responsible to replace anything that breaks as long as the item was there when they moved in. Microwave stops working, it's on you to replace. Bathroom fan stops working, on you again. Oven light, most likely on you as it's not a traditional consumable. FYI, I'd replace the oven light just out of fear that an idiot tenant might replace it with a regular bulb and it shatters/catches fire. Your rent encompasses not only the roof over their head, but also the use of fixtures and amenities. Therefore, you need to keep providing them. 

    You should have something in your lease talking about consumables. I make it clear that the tenant is responsible to replace light bulbs, air filters, & water filters. I also make it clear that once the item is replaced, it becomes my property and must be left in the unit. I added that clause after I came to my unit and the vacating tenant had taken half the light bulbs with her. 

    I had to laugh at the light bulbs comment...I had a building where we used yellow bug lites in the common areas, because the Tenants would steal the regular bulbs to replace their own. It took about six months before the entire building was yellow at night!

    Greg is pretty spot on with this, I would add smoke detector (or other) batteries as Tenant responsibility.

    It is assumed everything was working as designed at move in. Owner is responsible to keep everything functional, absent clear misuse/abuse/physical damage. Corrosion, rot, termite damage, age, are not Tenant responsibility. Drain stoppages need to be documented by the plumber as to how far out the blockage was, what did they pull back, if anything. If it is hair or toys or paper products, and within five feet of the fixture; or before any point where another unit or home joins a common line, as long as the condition of the line itself is not the cause of "catching" the debris; or if the line itself is bellied, broken, or has root intrusion.

    It may be educational to sit in on a couple LL/Tenant Court sessions to see how the local Courts rule on "wear and tear" vs. damage. Some are tougher than others... Either way, you need to be able to document your side of the story, with photos and invoices with useful descriptions from professionals.

    You also should check local LL/Tenant laws, as you often can not require Tenants to pay for repairs under your limit when they are NOT result of tenant misuse/damage.

    Improve your Rental Prep process to resolve all those small issues before a new Tenant moves in. Preventing problems is always less costly than remediation.

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    3y
    Quote from @Richard F.:
    I would add smoke detector (or other) batteries as Tenant responsibility.

    Be very careful with this. In my area the landlord is 100% responsible for the smoke/CO2 detectors. We cannot make the tenant responsible for the batteries for these or have them inspect them. 

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y

    I recommend you review your lease agreement and adjust it to be more clear about what a tenant is responsible for. Mine says tenants will replace consumables (light bulbs, smoke detector batteries, water and air filters, etc.).

    If you make the Tenant responsible for all repairs under $200, one of two things will happen:

    1. They will make sure the repair is going to be more than $200. They could do this by allowing the problem to worsen until it's properly repaired, or they can convince the contractor to charge a higher rate to break your limit.

    2. They won't report maintenance. I've heard a lot of horror stories of Tenants failing to report maintenance over several years, then the Landlord is stuck with thousands of dollars in minor repairs that have built up over time.

    Generally speaking, the Landlord should pay to maintain the home. A well-maintained home attracts better renters, they pay more, they take better care of the home, and they tend to stay longer. I believe you are shooting yourself in the foot by making the Tenant responsible for those minor repairs.

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  • New to Real Estate · Member since 2019 · 120 posts · 26 votes
    3y

    I appreciate everyone for sharing their valuable insights. I will certainly take into consideration all the points mentioned above when managing my tenants. As a result, I will remove the $200 cost limit from the lease agreement. Thank you for your guidance and input.

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