Across the USA, landlords are subject to an implied warranty of habitability that makes it the landlord's duty to maintain their rental properties in a safe and habitable condition. Under this, most property maintenance tasks are the landlord's legal responsibility.
Besides, it is in the landlord's best interest to take good care of their investment property to preserve its value and appeal to future tenants. Yet, there are a few instances where the tenant should take care of maintenance issues.
Read our property management guide to help you understand who's responsible for Red Bank, NJ, property care.
Legal Property Maintenance Responsibilities
Landlords must carry out almost all the maintenance and repairs associated with their property.
If they don't maintain the property in an acceptable condition, the tenant can withhold their rent. They can also pay for the repairs and deduct the costs from their rent.
Some landlord maintenance duties include:
- Ensuring the roof and walls of the building are in good repair
- Providing functional plumbing and electrical systems
- Installing and maintaining safety features like smoke detectors
- Maintaining the HVAC system in good order
Tenant responsibilities include taking good care of the property and reporting any maintenance or repair issues to the landlord or their property manager promptly.
Other legal tenant responsibilities include the following:
- Rectifying any damages beyond normal wear and tear
- Keeping the home's walls and floors in a clean and sanitary condition
- Preventing pets from damaging the landlord's property
- Taking steps to prevent pest infestations
Tenants are also responsible for any damages or maintenance issues caused by their guests. Tenants who don't keep up their end of the deal may face eviction.
Optional Tenant Maintenance Duties
You can also arrange with your tenant to perform certain duties by agreement. These optional property maintenance tasks usually include simple things like:
- Lawn care
- Replacing HVAC filters every few months
- Changing smoke detector batteries when necessary
- Snow removal
- Gutter cleaning
The lease agreement must indicate these responsibilities.
Arranging for your tenants to carry out these common tasks helps save you time and effort. However, the landlord is ultimately responsible for these aspects of property maintenance.
If your tenants don't carry out their agreed duties, and this results in an accident, you're still responsible. It's important to carry out routine property inspections to ensure they're meeting their obligations.
Streamlining Property Maintenance for Landlords and Tenants
Although landlords are responsible for all property maintenance tasks for their buildings, tenants are also obliged to keep the property in good condition. If landlords don't fulfill their obligations, the tenant can refuse to pay rent.
An experienced property manager can help both parties understand their obligations and work together to keep properties in a safe and habitable condition.
PMI can help you and your tenants stay on track with your property maintenance responsibilities thanks to our rigorous maintenance coordination programs and routine property inspections. Our team is committed to preserving the value of your property to ensure your rental business thrives.
Eliminate gray areas and get the peace of mind you need by collaborating with our property management professionals.
