How can landlords and tenants resolve maintenance issues without conflict?

The challenge for property owners is that their tenants don’t always come to them until there is a problem. And once there is a problem, they want it resolved quickly. You can make nearly all these encounters less stressful, ambiguous, and potentially contentious by being up front and clear in your lease agreement about rules, responsibilities, and requirements. It’s always easier to point to something signed and dated than it is trying to convince someone of something without valid proof.

Landlord can also prevent conflict with the tenant on maintenance by preparing and issuing a dilapidated schedule with the tenancy agreement. This schedule outlines the building's condition from the start of the tenancy and can be done periodically according to the agreement of both parties. Additionally, the schedule can also include the contents within the property and their condition that will be surrendered at the end of the lease in the same or better condition by the tenant. When such a document exists, the tenant will have a clear understanding of the property, its contents and their responsibilities.

In resolving maintenance challenges, proactive communication is key. Landlords should set clear expectations for reporting maintenance issues and provide multiple channels for tenants to do so (eg: online portal, phone app, email, WhatsApp Business, etc). One caveat here: the maintenance requests should always be submitted in writing directly from the tenant (excluding emergencies, of course). Regular property walks and unit-by-unit inspections also help identify maintenance problems early, which saves everyone time and money. For tenants, reporting issues promptly and accurately is crucial. Describe the problem in detail and, if possible, provide photos and video. This helps the landlord understand the urgency and nature of the issue.

A landlord can minimize conflict by performing preventative maintenance. Landlords can provide tenants a yearly maintenance schedule and this can serve as a notice of maintenance as well.

The discussion of rights, responsibilities, and laws only outlines the minimum owed in rental agreements, not the ideal. Remember, rentals are a business and tenants, customers. Doing just what's legally or contractually required might not be the best for value maximization. Both landlords and tenants benefit from proactive maintenance: tenants to minimize liability and enhance living quality, and landlords to prevent costly damages by catching things early, often, and before emergencies. Landlords particularly should lead by setting a positive relationship tone, encouraging early issue reporting, and ensuring transparency in pricing and policies. This approach fosters better landlord-tenant relationships and enhances the rental business.

Meeting tenants' needs, like accepting oral maintenance requests when that is what they prefer, can capture more events and ease tenant interaction, which is beneficial. However, this approach can increase administrative burdens and risks of oversight with multiple systems. It's also advisable to avoid sharing personal contact information – consider a separate line or virtual number for professional communication. Encourage tenants to use your preferred system by ensuring ease of use, support, and rewarding them with prompt, professional maintenance. It's also important to maintain a transparent record of interactions, something many software solutions facilitate. Consistent, timely, professional, and documented communication is key.

In my experience it’s all about expectations. We manage the Landscape for many HOAs in California. I often see a disconnect between the CC&Rs the owner has signed and the rental agreement the tenant agrees to. It’s important in any situation to have expectations clearly documented and agreed upon. When you are managing, renting or leasing within a community it must be very clear what the landlord/tenant agreement is.

Landlords should embrace documentation, not just for legal compliance but for operational benefits. While state laws and dispute resolution may require detailed records for things like receipting and deposit deductions, the real value lies in gaining property insights. Thorough documentation helps in making informed decisions, such as choosing between a higher-quality appliance versus shared facilities based on long-term cost analysis. Or in tracking employee and vendor performance. And much more including scheduling, budgeting, and amenity evaluation. This approach turns routine maintenance documentation into a strategic tool, offering insights for property management and decision-making, far beyond mere legal and practical necessity.

It's crucial to also consider the importance of setting boundaries to manage schedules and ensure timely unit access. While being accommodating is beneficial, landlords and tenants must remember the costs and disruptions that can arise from frequent rescheduling, especially when other tenants are also affected. Effective strategies include sending advance reminders, offering specific alternatives for appointments, using clear lease language about unit access and rescheduling, and maintaining proactive communication. Additionally, don't forget to consider pets and remind tenants to as well. By balancing flexibility with these practical boundaries, both landlords and tenants can maintain a cooperative and efficient maintenance process.

Personally, I have never had a maintenance-related dispute go to alternative dispute resolution. They have been resolved by negotiation, written off, or pursued legally. As a practical matter, what is usually even faster, cheaper, and less adversarial than ADR is to catch dispute early before it becomes a large enough problem to warrant escalation. See my other responses on communication, documentation, and proactive approaches to maintenance. This said, I'd love to see a response here from someone who has used ADR for maintenance disputes! Please share.

ok in my opinion , apart from the standard move in inventory , there should be a more in depth "preventive maintenance" set of checks that need to be done as for the tenants and landlords to set off on the right foot so to speak. lets talk damp/mould , is there extractor fans both in the kitchen and bathrooms , if not landlords are to provide this tenanted or in-between tenancy. how do the new tenants intend to dry clothes ? this can be asked pre move -in ? also tenants seem to "live with " maintenance issues , that the six monthly check may not pick up on! having a new property up for rental , should be checked by the landlord and agency staff along with a maintenance contractor working in-house or not.