Can you make the tenants pay?
Investor · Broken Arrow, OK · Member since 2016 · 132 posts · 51 votes
Can you make the tenants pay?
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I've NEVER allowed a tenant to make repairs and have explicit clause prohibiting this.
I want professional, licensed work and not some JoeDoe who thinks he can fix everything. The biggest issue is liability for injury while doing the work AND you have no recourse when the job is done poorly.
The question to the OP is, "What kinds of tenants are you renting to?" I've never had a fixture broken in 19yrs.
Of course, damage charges are taken against the deposit on move-out - - that's what it's for.
17 Replies
- Rental Property Investor · Rockwall, TX · Member since 2015 · 891 posts · 701 votes9y
Yes, it is called a lease :)
Most leases have a certain dollar threshold where the tenant is responsible for the repairs below that threshold. Based on my experience, I usually keep this value very low. I don't want to be called about a light bulb burning out, however, anything beyond screwing something in seems to be beyond the skills of most tenants. If the tenants do a poor job repairing it, it can lead to a much bigger problem down the road. For example, I wouldn't want a tenant touching anything with water in it. The cost of dealing with a future flood trumps a few minutes of my or my handyman's time.
-Christopher
Though I mostly agree with Chris, many renters choose to renters because of the convenience of not having to fix anything and will come to expect that type of service. Light bulbs should, for example, be the responsibility of the residents. However, if your renter has rented from an apartment community in the past that is professionally managed, it is likely that they've had the clogged toilets as a service their maintenance team would handle.
Along Chris's point, you don't want your resident fixing plumbing issues like broken sinks and toilets because they could make the problem worse. If the renter themselves caused the issue, it is best to have a third party (a plumber for example) verify that in writing, fix the problem and then you have the ability to charge this back to the renter or at worse, take it from the deposit upon move-out.
- Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes9y
This is really a question for the Landlord Forum, not the Renter's Discussion.
[Renter's Discussion: "This is the forum for renters who are looking for advice in dealing with their landlord. Ask questions about dealing with landlords, leases, tenant rights and other important issues."]
I would be curious to hear an answer from renters. I've been a renter (when I was younger), a landlord for over 20 years, and taught a class with the local housing program "Establishing and Maintaining Good Landlord - Tenant Relationships." During the class I asked the room of renters "What are the traits of a good landlord?" One of the top answers was... "keeping the property well maintained and fixing things when they need repair." Another top answer was... "being friendly and respectful."
The rental agreement (or lease agreement) is how you establish expectations. Many agreements include clauses that clarify the specifics. Unless it's an emergency or an urgent need, our tenants won't be calling us in the middle of the night and I won't be going out to the property in the middle of the night.
As for what a typical clause might look like, here is are examples from our rental agreement:
- MAINTENANCE OF PREMISES.Landlord will maintain all electrical, plumbing, heating, and other facilities and appliances supplied by Landlord in good working order.Landlord will perform periodic inspections of the premises, no less than once a year, for the purpose of property maintenance and repair.Landlord will notify Tenant in advance of the inspection. Tenant agrees to allow Landlord timely access to premises to do maintenance and repair.Tenant will notify Landlord in a timely manner of any damages or problems as they arise, including damages caused by Tenant, malfunction of appliances or fixtures, and water/moisture leaks and spots.Tenant will take care of the premises, keeping them clean and clear of debris. Tenant will use appliances and fixtures in accordance with manufacturer instructions.
- DAMAGES. Tenant agrees to pay for repairs of all damages that they or their guests have caused.Landlord agrees to initiate repairs in a timely manner following discovery of the damage or can choose to defer repair until Tenant has vacated the premises. Repairs done by a professional will be billed at the professional rate.Repairs done by Landlord will be billed by the job or as labor plus materials.
- SERVICE REQUESTS.Tenant agrees to contact Landlord for all service requests by calling XXX-XXX-XXXX or writing to Fischer Properties [address]. A “Maintenance & Service Request” form is available for Tenant use.Landlord may contract with independent contractors or other service companies to perform services at the property.Landlord will not pay for services requested directly by Tenant to service providers.
- ALTERATIONS.Tenant agrees not to alter the premises without prior written consent of Landlord.All changes made by Tenant must be reversible and property must be restored to original condition at end of tenancy, unless other arrangements have been made with Landlord. Tenant agrees to not do painting, wallpapering or structural modifications to the premises. Tenant agrees to not make alterations, changes or additions to plumbing fixtures, light fixtures, heating units, or locks.Tenant agrees to hold Landlord harmless for any mechanic’s liens or proceedings that result from Tenant actions.Any alterations or additions made by Tenant become the property of Landlord when Tenant vacates. If Tenant alters the property without obtaining the necessary consent of Landlord, Tenant agrees to pay a penalty fee of fifty dollars ($50) per violation, plus restoration costs.
- DRAIN STOPPAGES.As of the date of this Agreement, Landlord warrants that the dwelling’s sewage drains are in good working order and that they will accept the normal household waste for which they were designed. They will not accept things such as flushable wipes, personal wipes, baby wipes, paper diapers, sanitary napkins, tampons, wads of toilet paper, dental floss, balls of hair, paper towels, newspapers, grease, oil, table scraps, bones, clothing, rags, sand, dirt, rocks, or children’s toys. Tenant agrees to pay for clearing the drains of any and all stoppages except those, which the plumber who is called to clear the stoppage will attest to in writing, were caused by defective plumbing, tree roots, or a result of weather.Tenant agrees to keep on hand and properly use a plunger when necessary to unclog drains and to prevent water overflow from toilet, sinks and bathtub. Tenant agrees to notify Landlord in a timely manner of drain stoppages that they are unable to clear themselves.
- DRAIN CLEANING PRODUCTS.Tenant agrees not to use caustic drain cleaning chemicals in any of the drains or plumbing fixtures.Such products may cause damage to the plumbing system and may be hazardous to the environment and to people who may come into contact with such product. Tenant may be able to keep drains clean and clear with regular maintenance by pouring down the drain a quarter cup of baking soda followed by a half cup of vinegar.If there is a minor clog in the p-trap (the curved portion) of the pipe under the sink, Tenant may disconnect the pipe, clear the pipe manually, and reconnect the pipe to clear the clog or may call Landlord for assistance.
- HOME DECORATING.Pictures and shelving may be attached only to drywall walls, using approved hanging devices.Approved hanging devices, such as picture hooks, are available from Landlord at no extra charge.Walls must be returned to their original condition upon end of tenancy.Tenant agrees not to pierce any brick, masonry, woodwork, cabinet or door with nails, screws or any hanging device, as doing so may cause damage beyond repair.Painting is not allowed without prior written consent of Landlord.Holiday decorative lights may be used if they are in good condition, used according to manufacturer instructions, installed at a safe distance from flammable objects, and used in a safe manner, taking caution not to overload electrical circuits. Tenant agrees to not mount flat screen televisions or other heavy objects to walls, ceilings, or woodwork without prior written permission of Landlord.
- MAINTENANCE OF PREMISES.Landlord will maintain all electrical, plumbing, heating, and other facilities and appliances supplied by Landlord in good working order.Landlord will perform periodic inspections of the premises, no less than once a year, for the purpose of property maintenance and repair.Landlord will notify Tenant in advance of the inspection. Tenant agrees to allow Landlord timely access to premises to do maintenance and repair.Tenant will notify Landlord in a timely manner of any damages or problems as they arise, including damages caused by Tenant, malfunction of appliances or fixtures, and water/moisture leaks and spots.Tenant will take care of the premises, keeping them clean and clear of debris. Tenant will use appliances and fixtures in accordance with manufacturer instructions.
I've NEVER allowed a tenant to make repairs and have explicit clause prohibiting this.
I want professional, licensed work and not some JoeDoe who thinks he can fix everything. The biggest issue is liability for injury while doing the work AND you have no recourse when the job is done poorly.
The question to the OP is, "What kinds of tenants are you renting to?" I've never had a fixture broken in 19yrs.
Of course, damage charges are taken against the deposit on move-out - - that's what it's for.
- 9yMindy JensenPro MemberBiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
Originally posted by @Christopher Brainard:
Yes, it is called a lease :)
Most leases have a certain dollar threshold where the tenant is responsible for the repairs below that threshold. Based on my experience, I usually keep this value very low. I don't want to be called about a light bulb burning out, however, anything beyond screwing something in seems to be beyond the skills of most tenants. If the tenants do a poor job repairing it, it can lead to a much bigger problem down the road. For example, I wouldn't want a tenant touching anything with water in it. The cost of dealing with a future flood trumps a few minutes of my or my handyman's time.
-Christopher
I agree with having a lease that spells out everything, and I've seen people recommend language in a lease that puts the charge on the tenant under $X.
I don't personally like or use this clause, because I feel the tenants will not tell me about small things that have the potential to become huge things, like a dripping pipe. They may feel that it will cost less than the threshold for the landlord to jump in, and they just don't report it. What would have cost me $85 gets left to grow bigger and bigger and now costs me $1000.
Also, it's my house. I own it, I am responsible for it. I want to be in charge of fixing it, too. (Can you tell I'm a control freak?)
- Professional · South Jordan, UT · Member since 2015 · 8 posts · 0 votes9y
Hi, Jonathan! It sounds like having a lease that clearly spells out the expectations of the renter is the best way to go. I agree with others' thoughts that you want your renters to feel comfortable contacting you with maintenance questions and concerns. I found this article to be really helpful on why it might be better for the landlord/property manager to pay for the service fee: https://www.landlordology.com/maintenance-request-fee-repair-deductible. I also wrote an article about ways to save money on property maintenance that might be helpful as well: http://blog.landmarkhw.com/post/property-management-maintenance-tips-to-save-money.
- Investor · Broken Arrow, OK · Member since 2016 · 132 posts · 51 votes9yWhitney B. Thank you very much!
- Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes9y
My lease states that no alterations to property are to be made without written consent. I just purchased the property 3 weeks ago, and one person has painted their kitchen cabinets as well as the front door(interior and exterior with big splashes on the exterior gate) glossy black. Because I am new to land lording, I am slightly worried about the course of action best to take, because I'm not sure if this is grounds for terminating the lease or not. If it is I would like to move towards that without asking her to restore them. Though, if I need to ask her to restore them first and wait for a response, I will.
- Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes9y
In addition, she has changed the front locks without permission( I have not ever used a key to enter her property) and denied my handyman entry to repair something that she requested. She told me to stop knocking on her door yesterday, and then spray painted a line on the concrete in front of her door. Is there anything here that just gives me the right to terminate agreement without requesting to fix these things? It just seems this is going to be a problem tenant. Thank you very much in advance.
I charge the tenants when they break something.
I pay for the repair if the problem is due to age/normal wear and tear.
If I can't prove that the tenant was negligent, then I pay for it, and document it. If the same problem happens again, guess who pays?
- Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes9y
I charge for what they break , they get a bill . I enclose a copy of that section of the lease , its highlighted .
What is that line? What's mine is mine !
During an inspection, I found a tenant "fixed" the leaking faucet... by putting a towel over it. Another time, I had a tenant "fix" a hole by putting tape over it.
I do unclog toilets, but I know other LL/PM will bill a tenant for it.
Not sure what your two posts above meant? Was it for OP or was it new for you ? If its your post, please repost to a new one and not into this one (if you haven't already done so).
- Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes9y
I appreciate the feedback. I am more so speaking of the painting the cabinetes front door, inside and out and practically looking like she threw a bucket of paint at the gate to the door entry. I don't know if you just consider this breaking, but From what I read in the lease( which I took over from another landlord when I purchased the property). My lease states " TENANT shall make no alterations to the premises without LANDLORD's written consent.""TENANTS engagement in activity prohibited by this agreement, shall be considered a default hereunder." "Upon default LANDLORD may, at its option, terminate this tenancy upon giving proper notice."
For me the above alteratioins, and possibly the other issues which did not receive written consent could give me reason to terminate the tenancy upon giving proper 30 day written notice.
I would not terminate their tenancy for doing those things (unless there were other more serious infractions).
I would have my handyman restore them to their original condition. And I would charge the tenants for that cost.
They would have 30 days to pay - if not, late fees. If they refuse to pay I would evict for that since my lease states that all monies received are first applied to outstanding fees/damages, then to rent. So if they only pay their base rent amount then that money would go towards the damages and the remainder would be a partial payment.
- Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes9y
Painting cabinets , doors without your permission is a violation . They may "think" it looks better . But they destroyed your property .
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