How do you enforce tenant and contractor maintenance obligations under lease agreements?

1 Tenant maintenance obligations

Tenants are generally required to keep the premises in a clean and habitable condition, report any damages or defects promptly, and pay for any repairs caused by their negligence or misuse. You should clearly state these obligations in the lease agreement and provide a move-in and move-out checklist to document the condition of the unit. You should also conduct regular inspections and notify the tenants of any violations or issues that need to be addressed. If the tenants fail to comply with their maintenance obligations, you can take various actions, such as withholding part of their security deposit, issuing a notice to cure or quit, or filing an eviction lawsuit.

2 Contractor maintenance obligations

Contractors are professionals who perform maintenance tasks that are beyond the scope or ability of the tenants or the property manager, such as plumbing, electrical, roofing, or HVAC repairs. You should hire licensed and insured contractors who have a good reputation and experience in the field. You should also have a written contract with them that specifies the scope of work, the timeline, the payment terms, and the warranty. You should monitor their progress and quality of work and communicate with them regularly. If the contractors fail to comply with their maintenance obligations, you can take various actions, such as withholding payment, terminating the contract, or suing them for breach of contract or negligence.

3 Landlord maintenance obligations

Landlords are generally responsible for maintaining the structural and functional aspects of the property, such as the roof, the walls, the floors, the doors, the windows, the appliances, the plumbing, the electrical, and the heating and cooling systems. You should comply with the local and state codes and regulations that govern the habitability and safety of the property. You should also respond to the tenants' maintenance requests promptly and professionally. If you fail to comply with your maintenance obligations, you can face various consequences, such as losing rent, facing fines or penalties, being sued by the tenants or the contractors, or losing your license or reputation.

4 Maintenance clauses in lease agreements

Maintenance clauses are provisions in the lease agreements that define the rights and responsibilities of each party regarding the maintenance of the property. They should be clear, specific, and consistent with the applicable laws and regulations. They should also cover various scenarios and contingencies, such as emergency repairs, preventive maintenance, cosmetic improvements, alterations, access rights, liability waivers, and dispute resolution. You should review and update your maintenance clauses regularly and consult with a lawyer if you have any questions or concerns.

5 Maintenance records and receipts

Maintenance records and receipts are documents that prove the occurrence, the cost, and the outcome of the maintenance activities. They can include work orders, invoices, receipts, contracts, warranties, inspection reports, photos, videos, emails, texts, and notes. You should keep accurate and organized maintenance records and receipts for each property and each tenant. They can help you track your expenses, claim tax deductions, justify your actions, resolve disputes, and protect your rights and interests.

6 Maintenance best practices

Maintenance best practices are guidelines and tips that can help you manage your maintenance tasks more efficiently and effectively. Planning ahead and budgeting for expenses, establishing a policy and procedure, utilizing online tools and software, hiring reliable contractors, educating tenants, conducting periodic and seasonal maintenance checks and repairs, and documenting everything are all important steps to take. Additionally, it is important to follow up on every maintenance request and complaint. These practices can help ensure that your maintenance tasks are handled effectively.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?