Knowing what your responsibility is as a landlord (or tenant) is mandatory. Before a tenant moves into the property, preferably during the initial walk-through, the landlord should discuss who does what.
The responsibility of a landlord depends on the following:
- The local laws in the state & city of the rental property
- What’s outlined in the lease
Regardless of what’s in the lease, the landlord has to abide by the law; that comes first. However, as long as the lease doesn’t break the law, a landlord can theoretically include whatever they’d like.
So, in this post – I’m going to talk about what I, a landlord, would say is a landlord’s responsibility.
Table of Contents
What defines a repair?
The definition of a “repair” can change depending on your local law and lease.
But, as someone who’s been a landlord for a few years, I would define a repair as – anything that’s supposed to be working but isn’t due to normal wear and tear or no fault of the tenant.
Example repairs that landlords are responsible for:
I’m a visual learner. So while the definition of ‘repair’ in the previous section might be all you need – let’s look at a few different examples of what I believe a landlord is responsible for.
Plumbing leaks
Plumbing-related leaks are the landlord’s responsibility. They have to fix/repair those as necessary.
I have never had a tenant intentionally cause leaks in my rental property but, if they did, it would still be my responsibility to fix them; however, I may be able to use the tenant’s security deposit to cover the cost of the fix (depending on the local laws where that property is located).
PS: I’ve heard horror stories (mainly on the internet) of tenants intentionally causing plumbing leaks when getting evicted. So, if you’re a landlord, try your best to find good tenants for your rental property so that you don’t have to evict.
Gas leaks
Gas-related leaks are also the landlord’s responsibility.
Gas leaks are such a big problem that if you feel like you smell the rotten egg odor from natural gas – it’s best to call the gas provider and have them send someone out.
They will not only send someone out to check the areas you feel are leaking but, if those areas are causing leaks – they will shut the gas off to avoid injury (or death) to anyone.
I have never had (or heard of) a tenant intentionally causing leaks – even if they were being evicted. This could be due to how dangerous it is.
Electrical System
Similar to gas leaks, the electrical system is almost always the responsibility of the landlord.
The only situation I can think of off the top of my head that might make a tenant responsible is if the lease states that certain things are not to be used at the property and the tenant ignores that and causes problems to the electrical system (space heaters for example).
Structural issues
Structural issues are usually the landlord’s responsibility.
The only way a tenant would be responsible for structural issues is if they directly caused them and/or broke the lease (which leads to structural issues).
For example, if the lease says “no pets” and the tenant purchases an extremely heavy fish aquarium setup that starts to sag the floors – they should be held responsible for that.
I say “should be held responsible” because I’m not a lawyer and haven’t gone through this process myself to know exactly how it would play out in court.
However, given that the tenant broke the lease (with fish pets) and the property’s local area isn’t likely to have laws that say “landlords must accept and accommodate pets” – I would expect the tenant to be responsible.
HVAC System
The HVAC system is almost always the landlord’s responsibility.
If the lease states that the tenant is responsible for changing the furnace filters, then maybe there’s some liability there. However, that might be a difficult thing to prove in court.
So, if you’re a landlord – I recommend changing the furnace filters yourself (or hiring someone). It’s a simple task, and having a working HVAC is an important part of managing your rental property.
If changing the furnace filters every couple of months is too time intensive – pay an HVAC installer to upgrade your air filter cabinet to something bigger that allows you to change the filter once or twice per year.
Malfunctioning Windows
The windows in a rental property should always function properly.
If they don’t, it’s both a safety issue (how does a tenant escape during a fire?) and an inconvenience for the tenant.
Unless the tenant breaks the hardware or the open/close mechanisms – it’s the landlord’s responsibility.
And even if the tenant does break the hardware, depending on the age and condition of that hardware, it may be covered under normal wear and tear.
Included Appliances
Any appliances that were included in the lease are the responsibility of the landlord. Should those appliances break, the landlord should fix them.
Depending on the appliance (for example a refrigerator), there is maintenance that might fall under the responsibility of the tenant – such as replacing the water dispenser filter, if it comes with one.
safety-related systems/issues
It is almost always the responsibility of the landlord to repair and maintain all safety systems.
The main things that come to mind for safety systems:
- smoke detectors
- carbon monoxide detectors
- radon systems
Example repairs that tenants are responsible for (usually):
This section will be short but should give you enough examples of what a tenant would be responsible for.
Light Bulbs
Replacing light bulbs is usually the responsibility of the tenant.
If the rental property has irregular lighting or light fixtures that don’t use common light bulbs – this responsibility might transition to the landlord if there’s nothing in the lease that speaks of it.
Holes In The Wall
Holes in the wall are almost always the responsibility of the tenant.
Walls don’t develop holes due to normal wear and tear – so it’ll usually be classified as property damage.
However, some landlords are lenient with holes in the walls if they’re from small nails or screws. But, if you mount a TV with lag bolts into the studs (how it should be installed) – those may not be overlooked.
And if, for some reason, the tenant’s elbow fist falls into the wall and creates a hole – that’s definitely their responsibility.
Broken Windows
Broken windows, depending on the cause will be the tenant’s responsibility.
In my experience, broken windows usually come from the tenant or the tenant’s guest (or ex-relationships).
Regardless if the tenant breaks the window or a tenant’s guest (or ex-relationship) – the tenant is responsible.
Flooring Damage
Depending on how long a tenant lives at the rental property and how much flooring damage was done, this could be classified as normal wear and tear – which would make the landlord responsible.
However, the scenario I’ve experienced is that the tenant drags furniture or something heavy across the floor with no protection – leading to deep and noticeable scratches.
Some landlords will allow some scratches (or not notice them) – but if the damage is visible enough to be easily noticed – the tenant will likely be responsible.
Is the landlord responsible for replacing the toilet seat?
Since, in most cases, the landlord provided the toilet seat – the landlord is responsible for replacing the toilet seat.
However, since toilet seats aren’t expensive to purchase. The tenant may consider asking the landlord if they can purchase a more comfortable toilet seat and be reimbursed.
The landlord will likely decline and replace the toilet seat with something similar to what was installed. But, it’s possible that the landlord will agree to the tenant’s request and set a budget cap for what they’re willing to reimburse.
(check the local laws to make sure this is legal in your area)
Is it the landlord’s responsibility to fix the toilet?
Yes, it is the landlord’s responsibility to fix toilets.
If the toilet isn’t draining properly, leaking, or constantly draining/re-filling (causing the water bill to skyrocket) – the tenant should notify the landlord asap so that it can be repaired
Is the landlord responsible for appliance repairs?
If the landlord provided the appliances to the tenant – yes, the landlord is responsible for the repairs.
