Who's responsible for what; landlord or tenant?

Question

Hi BPF

very new here, and as you can tell by my post I'm very new to real estate in general.

I'm curious as to what the landlord is responsible for and what the tenants are responsible for when it comes to repairs.

Would it behoove someone to charge repair fees? I heard on one of the podcasts that someone was charging the tenant the first 100 dollars in repairs to discourage calls for squeaky doorknobs etc.

If putting this into a lease, does it scare away possible tenants? Not always bad, I suppose, during the vetting process, but I also dont want to turn everyone away.

it should be noted the property in question is in California, working class, one of the best rated school districts.

I'd love to hear what everyone else has done with their properties?

Thanks!

Nathan Gesner · Answer

Charging the tenant for the first $100 or so in repairs sounds like a good idea on the surface, but it's not.

The first problem is that Tenants will be less likely to report maintenance issues. They'll move out a year later and you'll discover all the things they failed to report, leaving you with a bigger list of maintenance issues.

The second problem is enforcement. If you have a plumbing bill of $200 to clean out some tree roots, what happens when the tenant refuses to pay? They can push back and your only recourse is to take them to court where a judge is likely to reject your claim that the tenant is responsible. Just because you and the Tenant agree to something doesn't mean the judge will enforce it.

Account Closed · Answer

Get this book.  It was my bible.  I managed 25 units in Santa Clara for years.  It even has great contracts and any other form you need in CA.  It's easy to read, and the contracts are easy for tenants to understand, even though they're written by lawyers.  And they're editable, in case you need to add parking rules or something like that.  But, I highly suggest you don't start changing the contract in any way unless you're absolutely certain what you change is legal:

https://store.nolo.com/products/the-california-landlords-law-book-lbrt.html

This book will let you know what's legal and what's not.

But, I'd ask, when you listened to the podcast saying they charged their tenants for regular maintenance issues, was your first thought that it was something a tenant would think was fair?  Did it sound okay to you?  I'm really hoping your answer is - heck no.

Would you rent from someone with those types of things in the agreement?  What some of these podcasts and supposed landlord gurus forget when they go on and on about what they're going to require of tenants, is that tenants aren't ATMs.  They're people.  And you're not the only game in town.  And you better make sure what you do is legal.  Ugh, these podcasts get my Irish up.

You'll get and keep great tenants if you treat them like you'd want to be treated.  Fairly and with respect and give them a home that's well maintained and safe and where you don't bug them any more than absolutely necessary.

Now, if your tenants damage something that's beyond normal wear and tear, you get to take money out of their security deposit for that.

Anyway, read the book.  It will make you a great landlord who is knowledgeable about CA law.

Karl B. · Answer

For me it depends on the particular property. For my B-class I'm going to have things fixed as those renters pay much more per month in rent.

For my C-class I'm more likely to state in my lease: "a fridge and stove are provided however upkeep and repairs are the responsibility of the tenant."

And for all leases no matter the apartment I have included in my lease: "Drain and sink clogs are the responsibility of the tenant" as once I started including that the drain issues went to zero.

Of course, when it comes to things like a water heater or furnace going bad, I'm always going to repair or replace that, as with any damage the tenant isn't responsible for.

Theresa Harris · Answer

If the tenant did something to cause the damage, then they should pay for the repairs.  You do them, but they pay.  This is something like punching a hole in the wall, turning off the heat in the winter and pipes bursting.  Not something like the door handle squeaks because they turn it.  You are welcome to say no to some of the requests (eg squeaky door handle).  Tenants pay for things such as internet, electricity, water, gas, etc.  For some of those the city will only allow the owner to pay, so tenants can be billed by the landlord.  Include whatever you want them to pay in the lease.

Account Closed · Answer

Horribly idea. This will cause tenants not to report minor issues to you, which could snowball into an expensive repair.

Raju Balakrishnan · Answer

I add provision of tenant paying the co-pay for home warranty, but can deduct on next months pay. This motivation is convenience close than financial or deterrence. If you try to shield yourself from small maintenances, these small issues will add up to having a long list over years. In general, effort of making a call and fixing an appointment etc is hard enough for tenants to make calls for trivial issues, and I would leave it there.

Robert Arquilla · Answer

@Jared Rice

Great post, I’m looking forward to seeing what everyone says!

Who's responsible for what; landlord or tenant?

Most Popular Reply