When renting out a property, both the landlord and tenant outline their responsibilities in a rental agreement. This agreement covers key details such as the rental duration, the amount of rent, and each party’s responsibilities regarding repairs and maintenance.
Responsibilities of the Landlord
As a landlord, you are obligated to provide a damage-free and habitable property. Before handing over the house to a tenant, ensure that all essential fixtures and amenities are in working order. This includes:
- Fans
- Lights
- Regulators
- Switches
- Geysers
- Door Locks
- Window Sliders
Types of Repairs
Repairs generally fall into two categories: structural and ongoing.
- Structural Repairs: These involve fixing major issues such as cracks, seepages, or damaged tiles. These are the landlord’s responsibility. Examples include:
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- Filling cracks in walls
- Fixing leaks
- Repairing broken tiles
- Ongoing Repairs: These are minor repairs needed due to regular wear and tear. For example, leaky faucets or jammed doors fall into this category. Typically, these are the tenant's responsibility unless stated otherwise in the rental agreement.
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Who Handles Tenant-Caused Damage?
If a tenant causes damage through their actions—such as drilling a hole in the wall and accidentally damaging a water pipe—the tenant is responsible for repairing it. This type of damage is not the landlord's responsibility.
Pre-Existing Damage
Damage that existed before the tenant moved in should be addressed by the landlord. It is important for the landlord to repair such damage before the property is rented out.
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For clarity and to avoid disputes, it is wise for landlords to document the condition of the property before handing it over to tenants. Taking photos or videos of the property can provide a clear record of its condition. This documentation should be shared with the tenant before they move in. Any damage that occurs due to the tenant's actions during their stay should be addressed by the tenant, unless the rental agreement specifies otherwise.
By clearly defining these responsibilities and maintaining good communication, both landlords and tenants can ensure a smooth rental experience.
Also Read: What is part performance in property law?
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Ans 1. Repairing damage they or their guests causeTenants are responsible for keeping their rental property in good condition, which includes repairing any damage they or their guests cause during the tenancy, beyond reasonable wear and tear.
Ans 2. Here are some of the most common tenant responsibilities: Pay rent on time. Paying fees on any bounced checks. Disposing of garbage in a timely manner.
Ans 3. Is the tenant responsible for painting when they move out? The answer is no if it has not been mentioned in your rent agreement. Tenants are not required to pay for normal wear and tear. With the exception of the situation below, most landlords allow normal wear and tear.
Ans 4. After taking ownership of the property, the owner is responsible for all the maintenance fee payments. The tenant is responsible for paying the maintenance fees if it is mentioned in the rent agreement (owner-tenant agreement).
Ans 5. It's the landlord who pays for the repairs and maintenance of appliances like geyser, chimney that usually come in-built in flats when you take them for rent. Even when it comes to paint chipping off the walls, flooring issues, door-lock instalment and repair, it's the landlord who usually does the repair work.