When Do Lease Agreement Tenants Have to Pay for Repairs?
A lease agreement is established between a landlord and tenant prior to the tenant moving into the rental unit. One component of the lease agreement establishes exactly who is responsible for repairs, and the types of repairs that the landlord and tenant need to take care of respectively.
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Warranty of Habitability
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Most states' landlord and tenant laws have an implied warranty of habitability. This means that the rental unit adheres to local housing and building guidelines, and it is a safe and convenient area to use for a tenant. This warranty of habitability puts many repairs strictly in the landlord's control. If the landlord fails to keep his end of the bargain with the warranty, the tenant has several options for recourse.
Minor Repairs
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Unless specifically written in the lease agreement, tenants are responsible for minor repairs that don't affect the major systems of the house, or the tenant's usability of the home. Minor repairs include scuffs or marks on the wall, nail holes, problematic door hinges and other small problems.
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Major Repairs
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The major repairs are generally specified in the lease agreement between the landlord and tenant, although minor repair responsibility is sometimes established through this lease clause as well. Major house systems include the heating and air conditioning, plumbing and electrical systems. Most appliances are also considered to be covered under the major repair clauses.
Self Inflicted Damage
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If a tenant or the tenant's guests cause damage to the property, it does not matter if the damage is major, minor or hindering the tenant's enjoyment of his home. Instead the tenant is responsible for the damage. Depending on the amount of damage, the landlord may seek an eviction due to property damage and destruction.
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