Can a Landlord Charge for Maintenance You Were Not Aware Of?

The question of whether a landlord can charge for maintenance that a tenant was not aware of typically revolves around the terms and conditions outlined in the lease agreement.

Understanding Your Responsibilities

Landlord-tenant relationships are governed by lease agreements. It's crucial to thoroughly understand the responsibilities each party has under these agreements. Property maintenance can range from routine tasks like mowing the lawn to major repairs like replacing HVAC units.

Wear and Tear vs. Negligence

Landlords generally cannot charge tenants for normal wear and tear, as it is an inherent part of owning a property. However, if a tenant's negligence or abuse causes damage, the landlord can charge the tenant for the associated costs.

The Role of the Lease Agreement

To determine what maintenance you are responsible for, start by reviewing your lease agreement. If something is specified in your lease, you are aware of your responsibility, even if you did not read it or were not fully aware of its implications. This is a critical legal standpoint.

Note that if the lease mentions that tenants are responsible for performing certain maintenance tasks, such as changing HVAC filters or cleaning gutters, these tasks become your legal obligation. Failure to comply can result in your landlord performing the work and charging you for it.

The Importance of Clear Communication

Landlords are encouraged to go over the lease with their tenants in person. This ensures that tenants understand their responsibilities and are not caught off guard by any terms. This is a preventive measure to avoid any legal disputes or surprises.

For example, I always take the time to discuss the important points of the lease agreement with my new tenants to prevent unpleasant surprises later on. Some common clauses I emphasize include:

Responsibility for minor repairs caused by the tenant themselves. Requirement to maintain certain property conditions. Responsibility to pay for professional cleaning services if needed.

Practical Examples

Here are a few practical examples:

Changing HVAC Filters: Tenants are usually responsible for changing HVAC filters on a set schedule as outlined in the lease. Mowing the Lawn: Tenants might be responsible for mowing the lawn once a week as per the lease agreement. Replacing Smoke Detectors’ Batteries: Tenants are often expected to replace smoke detector batteries twice a year. Leaves and Gutters: Tenants may be required to clean out gutters and leaves in the fall. Landlord’s Responsibilities: If the lease clearly states that the landlord is responsible for a particular maintenance task, such as cleaning the exterior of the building, responsibility lies with the landlord.

Not Being Aware Is Not an Excuse

It's important to note that simply not being aware of a specific clause in the lease does not relieve a tenant of their responsibilities. If something is in the lease, you are legally responsible for it.

For instance, a tenant once called me for a backed-up toilet. A plumber was dispatched and discovered that the tenant had been flushing female sanitary products down the toilet, despite the lease explicitly prohibiting it. This bypassed the tenant's responsibility to maintain the property.

If you have any doubts or concerns about your lease agreement, it is advisable to discuss them with your landlord. Clear communication can help prevent misunderstandings and ensure both parties remain compliant with their obligations.

Conclusion

While the answer to the question of whether a landlord can charge for maintenance you were not aware of can be complex, it ultimately depends on the specific terms of your lease agreement. Understanding your responsibilities as a tenant and ensuring clear communication with your landlord can help navigate these issues effectively.