Repair Responsibility Division with Added Lease Provision

As property owners, we constantly run into all different kinds of maintenance and repair requests from the tenant. If you fulfill these requests, you gradually get your profit margin eaten up no matter how much profit you make. If you don't control the repair cost, 1% rule properties won't do much good either.

I want to throw some idea for a discussion on how to divide the repair/maintenance responsibility between Landlord and Tenants. The most tenants are under impression for any maintenance / repairs issues are the landlord's responsibility. As result, they abuse the facility and property. We, as landlords/owners, end up with endless recurring repair/maint costs. Therefore it's important to draw a line up front up front to avoid possible dispute later on.

According to the RE laws, landlord is responsible for making the property habitable. Any life threatening condition needs be corrected by the landlord. Any major functional issues such as AC broken is landlord's responsibility. In the meanwhile, Tenants are responsible for any damage caused by themselves or other people. The law only provides a guideline. It's up to us to come up with details.

The standard lease doesn't cover this level of the details either. Therefore it's disputable when some issue comes up about who should pay for it.

As starter, I'd like to share some provision that you could add by customizing your lease agreement and make your tenants agree before they sign the lease.

The following provision is just an example and may not be sufficient. Everybody feels free to add more.

1)     TENANT’s RESPONSIBILITIES on AMENITIES.  The following amenities are included on this agreement by Landlord or Tenant. However Tenants are responsible for repair costs due to improper use such as clogged drain for dishwasher or garbage disposal, damage to garbage disposal by solid waste such as chicken bones.

Landlord provides the followings but Tenants is responsible for damage and repair costs due to improper use;

·       Gas Stove: e.g. oven door damage, greasy, cleaning, etc 

·       Dishwasher: e.g. door damage, drain clogged, cleaning, etc. 

·       Garbage Disposal: e.g. stuck with solid waste such as chicken bone, etc

·       Gas Water Heater: any physical damage by tenants

·       Gas Furnace and Air Conditioning: Tenants change air filter every two months;

·       Gas Fireplace: Highly recommend not to use to avoid high PG&E bill.

·       Garage Door Opener & Remote: Tenant is responsible for loss of Remote control;

·       Windows Blinds & Treatments: replacing blinds damaged by Tenant

·       Refrigerator: (Tenants provide or use as-is); 

·       Washer/Dryer (Tenants provide),

·       Plumbing Drains: Tenants will be responsible for cost on clogged drains. Landlord is responsible for drain pipe leaks.

·       Doors & Locks: Landlord Provide prior to move-in; Tenants are responsible for damage repair during Tenancy;