Hot Tub Repair: whose responsibility?

Question

I repaired a heater for my tenants in April. They then didn't clean it since April until now. They tried to heat it up and it didn't work. They called the hot tub repair company and they said the heater doesn't work most likely because it was idle for so long.

Who is supposed to pay for the heater repair: the landlord (me) or the tenant?

Ryan M. · Answer

Why is a hot tub provided in the rental?

Mike H. · Answer

Thats the key there. If it states its included and provided by you in the lease, then you're stuck and have to repair it.   If you want to include it in your lease going forward, I would add a clause in there that states the tenant is responsible for repairs of the hot tub. Or maybe that the tenant is required to change the filter every x months.

But thats going to be a tough one to enforce. They'll still forget and when they do and something goes bad, then they'll replace the filter and then call you. Hard to tell how old the previous one might have been if they no longer have it. :-)

But I would suggest removing it. Every once in awhile I have a bathtub with the jets. What I tell people is that I don't know if it works and I won't have it fixed if it stops. But its there nonetheless.

Basically gives your unit the value of having it so you can sell the unit with it. But then you're not stuck maintaining it.  So if it were me, I wouldn't remove the hot tub from the unit. I'd just put in the lease that you make no warranties as to whether it works and any repairs would be the tenant's responsibility.

Then let them figure it out. Most will be mesmerized by the idea of the hot tub so it might still help rent the unit a little. But once they figure out how much it will cost to fix, probably won't care that its there and won't pay to have it fixed. If they do, then they'll get to enjoy it.

Ryan M. · Answer

As long as the lease doesn't say it's a included item, I would get the thing out of there and keep the rent the same. Not only is it a unneeded hassle it's a liability claim waiting to happen.

Jon Magnusson · Answer

Was it a selling point when they rented?  It's not like heat or a stove.  It's a luxury item.  I just signed a lease with a tenant that stated that "all appliances are provided as a convenience and any repairs will be done at the tenants expense."

I wouldn't offer them a discount, but offer to remove it if they don't want to maintain it.  You could always hire a pool guy at their expense as well (raise the rent $50 or whatever the pool guy costs) so that they can still use it and you have assurance that it is being well taken care of.

Matt Smith · Answer

Good question….I will remove it for my next tenant! Can I legally remove it for the current one instead of repairing it, and lower the rent?

Travis Lloyd · Answer

You can start with that. You know your tenants better than I do.

Tenant A) may accept responsibility and agree to pay. Tenant B) may be difficult and insist that it was never explicitly stated that the filter of the hot tub was included in items needing cleaning.

Over 50% of my experience in property management is in NYC, where tenants are both protected and quick to sue. So I always think about what would happen if we ended up in housing court over it. In this case, you would have a hard time winning with the wording that you copied above. But you are in San Fran and perhaps dealing with different tenants.

Perhaps start with explaining WHY the damage occurred (their failure to clean), specify that they must clean in the future, and tell them they are responsible for the bill. However, if they put up a fight, you're better off trying to negotiate a split than anything else.

Matt Smith · Answer

There is a clause about the tenant's maintenance responsibilities that says the tenant will keep the premises clean, sanitary and in good condition. Since the hot tub heater was broken because of them not cleaning it for 2 months, should I just tell them to pay for the repair?

Travis Lloyd · Answer

Read your lease.

Any filters that need regular maintenance/replacement should be specified in your lease. Will it make them do it? No. But it will give you something to point to when you hand them the invoice for repairs.

If it is not listed in your lease, I would talk to them about it and see if you can get them to split 50/50 this time? And at the same time DRAW UP AN ADDENDUM to the lease stipulating future maintenance!

Hot Tub Repair: whose responsibility?

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