Requiring Tenants to Maintain the Property
Landlords are expected to maintain their rental property, but that doesn't mean tenants get off without responsibility. Each state has its own set of specific regulations regarding who is responsible for what type of maintenance, but for items not described in state law, the rental contract can help set clear expectations of whether the landlord or the tenant must perform certain maintenance activities.
Habitability
Even if the tenant agrees to perform all maintenance on the property, you can't legally ask him to. As the landlord, you're responsible for making sure the property is safe and habitable. The definitions of habitability vary by state, but in general, this means all major systems such as plumbing, electrical, gas and heat must be in working order. The doors and windows can't be broken, and there shouldn't be leaks in the roof or around openings. If your contract says all repairs are the tenant's responsibility, it doesn't relieve you of the responsibility to make sure the property is habitable.
Reasonable Care
Your tenant must take reasonable care of the property while she lives there, which means she must handle basic maintenance such as changing light bulbs and, if the contract specifies, other maintenance like changing furnace filters or mowing the lawn. She is responsible for keeping the property clean and in good working order, and using appliances properly -- not overloading wall electrical outlets, for example.
Tenant Damage
When the tenant causes damage, it's typically his responsibility to pay for the repairs. If the tenant's son throws a baseball through a window, the tenant must pay to have the window repaired or replaced. Because windows typically are included in a landlord's habitability responsibilities, it's best to fix the window quickly and collect payment from the tenant afterward. If the tenant won't repair damage or reimburse you for repairs, you may have legal recourse. You may also be able to retain part of the tenant's security deposit since the damage is beyond "normal wear and tear."
Amenities
In the rental contract, landlords can require tenants to maintain and repair items that are considered amenities, or not necessary for the property to be considered habitable. Common examples include a swimming pool or swing set, but amenities might also cover nonessential appliances like washers and dryers. These items typically are held to the same damage standard as the rest of the property; if they require repair because the tenant damaged them, it's always the tenant's responsibility to fix them. However, if your contract lists them specifically as tenant responsibilities, all maintenance duties -- not just damage repair -- belong to the tenant.
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