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Maintenance on a Rental Property
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Maintenance on a rental property can be a confusing issue. Renters may mistakenly
assume all maintenance is the responsibility of the leasing agent and maintenance
staff but this is usually not true. In many cases the leasing agent and maintenance
staff are responsible for maintaining the common areas and performing major repairs
on the apartments but the renters do typically have some responsibilities. These
responsibilities are often defined in the rental agreement and the renter should
familiarize himself with this document to verify his rights if a dispute arises.
Renter Responsibilities
Typically renters have the responsibility of maintaining their apartment and the
surrounding area. This may include the interior of the apartment as well as deck
or patio space. However, maintenance of these areas applies to generally
cleanliness only and not issues such as painting or repairs to the exterior or
the interior of the apartment structure or the appliances within the apartment.
Additionally, renters are responsible for small repairs in their home. This may
include plunging a clogged toilet or changing a light bulb. However, if there are
any duties a renter feels uncomfortable performing such as changing a light bulb
in a high location, the renter should contact the maintenance staff for assistance.
Renters also have a responsibility to show common courtesy to other renters by not
intentionally damaging or otherwise marring public areas. This includes vandalism,
littering and even failure to pick up after dogs. Renters who fail to follow these
rules of common courtesy may be subject to fines or other penalties according to
the rental agreement.
Leasing Agent Responsibilities
The leasing agent and maintenance staff are generally held responsible for major
items such as repairs to the exterior of the building, fixing appliances which
are malfunctioning and dealing with plumbing issues such as leaky pipes.
Additionally, the maintenance staff is responsible for intervening if the renter
is having trouble with public utilities. Problem such as no hot water or heat
to the apartment should be addressed by the maintenance staff in conjunction
with the public utilities entity.
The leasing agent and maintenance staff is also responsible for maintaining
the common areas. This may include keeping grassy areas manicured and other
common areas looking clean and attractive.
When the Leasing Agent is Not Taking Responsibility
As previously discussed, the leasing agent has certain responsibilities to
perform tasks and address concerns and complaints by the renters. However,
when the leasing agent is not fulfilling these responsibilities it could
create a harmful living environment for the renter. For example hot water
is required to adequately clean dishes. This is why there should always be
hot water to the apartment. Additionally, in severely cold weather the
inability to heat the apartment due to faulty utilities or windows which
are not properly sealed can create a hazardous condition for the renter.
Both of the examples mentioned above are situations in which the renter
may put in a hazardous condition by the leasing agent’s negligence. In
these situations the renter should contact the Department of Housing to
determine the proper cause of action to take in this situation.
In some cases the renter may be informed the alleged transgression by
the leasing agent is not actually his responsibility. However, in other
situations the renter may be informed that the actions of the leasing
agent are a serious violation of the rental agreement.
A favorable ruling by the Department of Housing or a court ruling
may be an opportunity to end the lease agreement should you choose
to do so. In either case, the representative can provide information
on how to proceed to achieve the desired results.
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