$$$ Repair Threshold Clause

[Gabriel A.]

I'm not sure what to call this, but do most of you put a $$$ repair threshold clause in a lease agreement? So that if the repair cost is less than a certain amount, the tenant has to pay it? Is this legal?

[Account Closed]

I would be very careful adding something like that to a lease agreement. It might fly, but it also could void an entire section of your lease agreement.

If the section can be construed to charge a tenant for what is likely to be considered ordinary wear and tear, then it is an illegal clause which may may violate a section of your agreement.

I would definitely suggest talking to an attorney before using this kind of language. Perhaps there is a way to do it, but I'm not an attorney and there may be some gray in your local laws that might allow something like this. I would seek an attorney that specializes in this area of the law familiar with contract law more specifically though landlord-tenant issues.

IMO all landlords should attempt to understand the local and federal laws related to Landlord-tenant situations. If you don't have the time, then it may be in your best interest to have a attorney (that knows this area of law) on retainer. Doesn't take to many law suits to make you wish that you had. I have come across many sophisticated tenants (and potential tenants) that knew the laws very well.