Residential Real Estate: The Rental Maintenance Guide – Who Is Responsible?
In the realm of property management, one of the most common sources of frustration for property practitioners and landlords alike is the ongoing confusion over maintenance responsibilities. Who is responsible for repairs or maintenance, and how can these issues be resolved without unnecessary disputes? Fortunately, understanding the framework for rental repairs and maintenance can be straightforward, and there’s no need for stress or confusion. Below are the key guidelines to ensure clarity on rental maintenance issues and avoid unnecessary conflicts between tenants, landlords, and property practitioners.
Always Check Your Lease Agreement
The starting point in resolving any maintenance issues is always the lease agreement. It is essential that both tenants and landlords clearly understand their responsibilities, which are outlined within the agreement. For example, the Prestige Residential Lease Agreement provides a clear and detailed outline of maintenance expectations in Clause 17, ensuring that both parties understand exactly who is responsible for which portion of the property. This clause is in line with the Unfair Practice Regulations and the Rental Housing Act, setting clear guidelines to prevent confusion.
The Rental Maintenance Test Explained
When it comes to repairs, a simple test can help determine who is responsible for maintaining the property’s fixtures, appliances, or fittings. In the event that damage occurs to any part of the property, the first step is to assess the situation.
If the damage is due to fair wear and tear, the owner is typically responsible for the repairs, and any associated costs, including call-out fees, should be covered by the owner. Fair wear and tear refers to the decline caused by regular use and the passage of time, including malfunctions or breakage due to age or natural deterioration. However, if the damage is a result of negligence, accidents, or intentional actions by the tenant or their visitors, the tenant will bear responsibility for the repairs and costs incurred, including any call-out fees.
In such cases, the use of a professional contractor (such as an electrician or plumber) may be required to confirm whether the damage is caused by fair wear and tear.
Who Pays the Contractor’s Fee?
When a contractor is called out, the owner typically covers the contractor’s fees, but they are entitled to recover these costs from the tenant if the damage is found to be the tenant’s responsibility. If the tenant refuses to pay, the landlord has the option to demand payment within 20 business days and can choose to terminate the lease agreement if the outstanding amount is not settled within this period. Alternatively, the maintenance costs can be deducted from the tenant’s deposit upon the termination of the lease agreement.
In cases where a contractor is called but the issue turns out to be non-existent or resolved on its own, the tenant may be required to cover the call-out fee. Similarly, if the owner requests the contractor’s services and no issues are found, the owner will be responsible for the call-out fee.
The Prestige Real Estate Advantage
For property owners seeking a hassle-free experience in managing maintenance responsibilities and ensuring clarity on all matters related to rental maintenance, Prestige Real Estate stands as the ultimate solution. With our expertly crafted lease agreements, like the Prestige Residential Lease Agreement, tenants and landlords can rest assured that expectations and obligations are well-defined, reducing the chances of disputes. We take pride in offering our clients unparalleled support, ensuring that all maintenance matters are handled with professionalism and transparency, and that both parties’ rights are protected in every step of the process. At Prestige Real Estate, we make property management simpler and more effective, giving you the confidence to focus on your property’s success.