Maintenance: Who's Responsible for What?

You probably know that if your roof leaks, that's on you. But do you actually know who pays when a tenant ignores a slow drip for six months until the subfloor rots? Landlord tenant maintenance responsibilities sound simple on paper, but the real world is full of gray areas that catch self-managing landlords off guard — usually right when it's most expensive to learn the lesson.

In this episode, Kevin and I walk through exactly who is responsible for what at a rental property, starting with the legal foundation every landlord needs to know: the implied warranty of habitability. We break down the big categories that always fall on the landlord, what tenants are responsible for day to day, and the property-type differences that change everything from yard maintenance to shared common areas.

We also dig into the trickiest part of the conversation — wear and tear versus actual damage — and the question every landlord eventually faces: should you ever let a tenant make a repair themselves? We share two real situations from our own properties, including a late-night text about a leaking toilet and a move-out discovery that cost us thousands. If you've ever wondered where the line really is, this episode draws it clearly.

Nothing on this podcast is legal advice. Please consult a real estate attorney in your state before finalizing any lease language.

Links & References Mentioned in This Episode

EP55  Preventative Maintenance That Brings Peace of Mind

EP59  Determining Wear & Tear vs Damage to Your Rental Property

EZ Landlord Forms  State Specific Leases & Addendums for Landlords

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Transcript

Introduction & Welcome

Stacie 0:00

Here's the thing nobody tells you when you become a landlord. Maintenance is not black and white, and everyone assumes it's simple. The tenant calls, and the landlord goes and fixes it. Done. But that's not how it actually works. So if you're fuzzy on who's responsible for what, I promise it's gonna cost you.

Kevin 0:22

We've been doing this a long time, you guys, and even we've had moments where the line between a landlord's job and a tenant's job gets blurry fast. We've had a tenant install a bidet that flooded a bathroom at 9:30 at night.

Stacie 0:38

So today we're clearing it all up. What's on you? What's on them? And what lives in that messy gray zone in between? So stick around.

0:52

Welcome to Your Landlord Resource podcast. Many moons ago, when I started as a landlord, I was as green as it gets. I may have had my real estate license, but I lacked confidence and the hands-on experience needed when it came to dealing with tenants, leases, maintenance, and bookkeeping. After many failed attempts, fast-forward to today, Kevin and I have doubled our doors and created an organized, professionally operated rental property business. Want to go from overwhelmed to confident? If you're an ambitious landlord or maybe one in the making, join us as we provide strategies and teach actionable steps to help you reach your goals and the lifestyle you desire, all while building a streamlined and profitable rental property business. This is Your Landlord Resource Podcast

Stacie 1:42

Hey there, landlords. Welcome back to the Your Landlord Resource Podcast. I'm Stacie Casella, here as always with my husband and my co-host, Kevin Kilroy. Welcome to another shorty episode, or so we think anyway. Y- you know, we always strive to get these shorter episodes to fall under 20 minutes, and often we fail because we have so much to say. So let's see how we do today. Okay, so raise your hand if you've ever gotten that call. You know the one. Your tenant calls or texts that something's broken, essentially insinuating, "Hey, when are you gonna come and fix it?" And either you or your handyman go over and you check it out. And then when you or they showed up, tool belt in hand, there was this realization and the thought of, Wait, is it on me to really fix this? or is this one on the tenant?" And that right there is what today's episode is all about. Who is responsible for what when it comes to maintenance at your rental property? Because it's not always obvious, and the lines can get blurry real fast, especially if you don't have things spelled out correctly from day one. So here's what we're gonna cover today. The general rule, what landlords are legally on the hook for versus what falls to tenants. We'll talk about how property type plays a role in that equation, because a single-family home rental and a six-unit apartment building are very different animals. Then we're gonna talk about the gray zone, you know, wear and tear versus actual damage. And we're gonna end it with a question we get all the time: Should you ever let a tenant make a repair themselves? And spoiler alert, the answer is usually no, but we'll get into why.

The Legal Foundation

Kevin 3:42

And a lot of the stuff is baked right into law. It is important for all landlords to understand that there's something called implied warranty of habitability, which we'll explain in a second. But the short version is this: You don't get to opt out of your responsibilities as a landlord just because it's inconvenient. The law has opinions about this, and your tenants know it even if you don't. So let's dig in. All right, so the implied warranty of habitability, big legal phrase, pretty simple concept. As a landlord, you are legally required to provide and maintain a property that is safe and livable. This is not an option. It exists in the landlord-tenant law across virtually every state, and you cannot waive it in a lease. You can write whatever you want in that lease, but if it tries to get around this and essentially goes against the law, it's not going to hold up. So what does habitable actually mean in practice? It means the structure is sound, you know, the roof, foundation, exterior walls, stairways. It means essential systems are working, and this would be plumbing with hot and cold running water, electrical, um, heating and cooling. It means the property is safe and secure with working locks on doors and windows and has functioning smoke and carbon monoxide detectors. And it means the place is free from serious hazards like mold, major pest infestations, or asbestos exposure. Now, here's an important piece. Most states require landlords to respond to maintenance issues within a reasonable timeframe after getting written notice from a tenant. For urgent habitability issues, think no heat in January or maybe a sewage backup.- That window can be as tight as twenty-four to seventy-two hours. So when a tenant reports something serious, the clock is running. Stacie, you've got a couple of real-world examples that show exactly what this looks like in practice, right?

Stacie 6:00

Yep. One absolutely fits into that warrant of habitability and the other not so much. So I'll start with the one that did, so you can all get an understanding of why we are doing this episode. We have a tenant in the sixplex. Great guy, pays on time, unit is always neat and tidy, does not complain. The dream tenant. So one night, I get a text from this tenant, I think it was around, I don't know, nine thirty, maybe ten o'clock, saying that his toilet was leaking so bad that he had to turn the water off. And the first thing that comes to mind is, "Oh my God, we have a Chico situation." I don't know if you remember that, but we used to have a single-family home rental in Chico, California, and the water supply line from the wall to the toilet burst and flooded the entire place. So we were worried that that was the same thing that was gonna happen here. And I'll tell you, there is nothing like getting a late-night text like this to get your heart pumping. So we go back and forth, and I find out that he had tried to install a bidet and couldn't get it to work without leaking, so he uninstalled it. Well, when he went to connect that water line again, he couldn't get the connection to the toilet to stop leaking, so he just turned the water off. Now, let's take a minute and break this down. In our lease, we have a no alterations clause. For instance, they can't install their own lighting in place of what we provide. They can't change out appliances, and they cannot alter plumbing. So no changing things like faucets or shower heads or, in this case, putting a bidet on the toilet. And just to be clear, this guy could have very easily have just said, "I don't know what happened. It just started leaking." We would not have known the truth unless that bidet was sitting right there for us, or in this case, our contractor, Jim, to see when we went in. So I will say that we do appreciate that he was honest, but we still had to get this toilet fixed immediately. So we got Jim over there first thing the next day, and it ended up being a really easy fix. I will tell you, we did invoice that tenant for the repair because it was caused due to his negligence. Now, the next issue we had to deal with recently was a stacked washer/dryer unit that was leaking. This is one of those apartment-style units where the washer is on the bottom and the dryer is up top, all one unit. So if one goes out, both have to be replaced. Anyway, this washer had given us some problems about a year before, and we opted to fix it. And this time around, it was having the same problem. It was leaking from the bottom. So we wanted to get that repair person back out there to see if it was something under warranty. Of course, they were slammed, and it was gonna be a week just for them to get out and look at it. Then after they evaluated it, it was not the same issue. With the repair cost exceeding the value of the unit, we decided just to replace it with a new washer and dryer. And the point of this story is that this whole process took three weeks from the first notification of the leak to the new unit being installed. But a washer and dryer are not essential appliances. It is not included within the parameters of the warranty of habitability clause. So we were not required to compensate him or provide an alternative solution over those three weeks. Now, I will say that we absolutely did. We happen to have a vacant unit, and because we have smart locks, we were able to attach his code to that lock so he can go in and do his laundry there.

Kevin 9:50

He was very happy he didn't have to haul all the stuff over to a laundromat. So that was a win for him. And both of those stories actually set up the next point perfectly because in both cases, the question of who is responsible came down to one thing: what caused the problem and what does the lease say?

Landlord Responsibilities

Kevin 10:12

So what is squarely in your court as the owner? Let's walk through it. The big categories are structure and major systems, safety and security, major exterior items, and for the most part, appliances you provided. Let's do structure and major systems first. We're talking the roof, foundation, exterior walls, those are always yours. Any plumbing issues, leaks, broken pipes, water heater failure. Electrical, we're talking faulty wiring, panel problems, outlet failures. And HVAC, your heating, and now in some states, cooling systems. When any of those fail, you repair or replace them, no question. All right, let's move on to safety and security. You must provide working smoke detectors and carbon monoxide detectors. In most states, the landlord ensures they're functioning at move-in. After that, tenants are typically responsible for replacing batteries. But check your state law on that one. You're also on the hook for working locks on all entry doors and windows. If you have a multifamily property, that extends to common areas, you know, hallways, lobbies, stairwells, laundry rooms. And it's worth noting that exterior lighting in shared areas is considered a landlord safety obligation in many jurisdictions too.

Stacie 11:41

All right, let me talk real quick about major exterior items. Things like structural fence failures, not cosmetic wear, but when the fence is, like, falling down. Driveway cracks that pose a safety hazard. You know, think tripping hazards for the tenants, but also possibly the mailman or delivery persons who might have to walk up the driveway to the front porch. Tree trimming is another one, especially if a tree is posing a real risk to the structure or a neighboring property. And broken garage doors, because those often affect security, they're yours to fix. Now, appliances, if you provide a refrigerator, oven, or dishwasher, they're usually your responsibility to repair or replace when they fail. But there is something that a family member of ours does at all of their rental properties, and I wanna share it because I think it can be a good strategy. For all their rentals, they provide a working washer and dryer as a convenience item, and their lease specifically states that if those appliances fail, the tenant is responsible for repair or replacement. This is completely legal as long as it's clearly spelled out in writing before the tenant moves in. They're not trying to be difficult, they're trying to be clear and upfront, and the tenants have all agreed to those terms.

Tenant Responsibilities

Stacie 13:09

So Kev let's flip it now. So what's on the tenant?

Kevin 13:14

Okay. Yeah, so tenants are not just paying rent and waiting for you to fix something. There is a baseline of upkeep that's on them. And honestly, a lot of tenants don't realize how much that includes until you spell it out. There's their day-to-day upkeep, which is keeping the unit clean enough to prevent pests, you know, proper trash disposal, replacing burned-out light bulbs, and replacing consumable items. Things like HVAC air filters, refrigerator water filters, and smoke detector batteries when needed after they move in. Now, I want to stop on air filters for a second because this is a perfect example of where theory meets reality. So technically, air filter replacement is a tenant responsibility in most leases. In practice, that's another deal. At our six-plex, first her family and now Stacie has ownership and management of that property, God it's been at least 21 years, I think. And I can count on one hand the number of times a tenant has changed their own filter. I'm not kidding. Especially in apartments, tenants often don't even know filters need to be changed, let alone where they are. And for our units, the filters are up in the ceiling. Most tenants don't have a ladder access to get up that high. So our solution is, and I think this is just smarter property management, is that we handle it ourselves during inspections. We know it's been done, it extends the life of the mechanicals, and our tenants appreciate it. The property manager we work with in Idaho actually mails a new filter to each tenant every quarter. They, the tenant, are supposed to install it themselves. But during inspections, all of those filters that were mailed, they're always found still in the box on a closet shelf. I think a couple times we counted six or seven just piled up. And it's the same situation as in Sacramento. The air filters are located in the ceiling, and we're lucky if they changed it once a year, and I think that'd even be a rarity. So when we turn a unit, we make sure we replace that filter. Tenants are also responsible for any damage they cause through negligence, misuse, or accidents. We're talking things like broken windows, holes in the wall, damaged flooring, or pet damage. And that also includes damage caused by their guests too.

Stacie 15:47

Yeah. Or installing a bidet when they're not allowed to.

Kevin 15:50

There you go.

Stacie 15:52

All right. Now, here's something that really doesn't get enough attention, and that's prompt notification. Tenants have a legal obligation in most states to notify you of maintenance issues in a timely manner. And that's quote unquote "timely manner". If a small leak sits unreported for three months and then causes major water damage, that shift in responsibility matters. This is also exactly why written maintenance requests are so important. They create a paper trail for both parties. But what is important is that your lease specifies the timeframe for what is considered a, quote-unquote, "prompt notification." And in fact, our son recently updated a lease clause on just this. He changed the phrase reasonable timeframe for reporting issues to within 24 hours of discovery. And that's a smart move because reasonable timeframe means something different to everyone. For leaks and mold, a week's delay can mean the difference between a small repair and a major remediation job. So for Kid Two's duplex in Idaho, we use EZ Landlord Forms to create his leases. You know, they make it, dare I say, easy to change or add the clauses in their state-specific leases that they have on their site. So we'll link them in the show notes if you wanna check them out. Now, let's talk about yard and landscaping for a minute because this one is super property-type dependent. For single-family rentals, routine yard maintenance, that's mowing and basic upkeep, is very commonly assigned to the tenants in the lease, and most tenants who rent single-family homes expect it. But if you do that, be specific. Include a maximum grass height that they have to maintain. And if they don't, you'll have the right to hire someone at their expense to come out and cut it. My brother lived in a rural rental where the property had wild, dry grass that required a riding mower twice a year just for fire prevention. That's not a tenant job. That's the landlord's expense. But on the flip side, my cousin has a rental that's just under an acre, large yard, and the tenant is responsible for upkeep. But her lease is very clear that the grass cannot exceed four inches in height or she will hire someone to come and mow it, and then she will charge the tenant for that expense. That specificity protects everyone. Now, for a duplex with separate fenced yards, you can still assign that maintenance to individual tenants, but it has to be clearly written in the lease. For multifamily properties with shared outdoor spaces, that falls to you or the service that you hire. You cannot reasonably assign that to one unit. And if your property is in an HOA, check what landscaping they cover before you assign it to anyone because sometimes the HOA may already be handling the front yard landscaping service.

Kevin 19:11

Yeah. Our sixplex in Sacramento, we have to pay for the landscaper. In Idaho, the HOA handles all of the landscaping around the building, which is very nice. All right.

The Gray Zone

Kevin 19:24

Here's where most landlord-tenant disputes actually live, that dreaded gray zone. And it comes down to one distinction: wear and tear versus damage. Normal wear and tear are the landlord's costs. Paint fading or scuffing over time, carpet wearing thin from years of normal use, a water heater that has simply reached the end of its lifespan, loose door hinges or sticky window locks from age. These are things that happen with time. They're not the tenant's fault and you can't charge them for it. Damage is the tenant's cost. We're talking burns or stains on countertops or carpet, pet damage to flooring or walls, broken fixtures from misuse, a large hole in the wall. Now, these things happen because of how this tenant lived in the property, not because of time. So here's a useful rule of thumb. If it would have happened even with the perfect tenant, it's wear and tear. If it happened because of how this specific tenant lived, it's damage. Now, there's a special case worth calling out, preventative maintenance failure. Say a tenant notices a slow drip under the sink but doesn't say anything. Six months later, there's mold and the subfloor needs to be replaced. The landlord is still responsible for the actual repair, but the tenant may bear liability for the additional damage caused by sitting on that information. The keyword here is may, because you have to be able to prove they knew about it and didn't tell you, and that can be tough to prove without documentation. Which brings us right back to the same answer every time. Get it in writing. Written maintenance request, written lease language, written notification requirements. Paper trail, paper trail, paper trail.

Stacie 21:25

Yeah. We had a tenant once when we were doing the move-out inspection, and we found that where the LVP met the carpeted bedroom, it was wet and squishy when we walked on it, and it happened to be right next to where that stackable washer and dryer was. And apparently it had been leaking for a while, and we were never told about it. When we called her on it, she said, "Yeah, it's been like that a couple weeks, but because I was moving out, I didn't think it was important to call you on it." That two-week delay cost us over five thousand dollars in damage. When we pulled that washer and dryer away from the wall, there was horrible black mold everywhere behind it. Jim had to cut out all the drywall. He had to treat it. We had to let it dry up, and install all new drywall, which, you know, took time because then we have to texture and paint it. We had to replace the washer and dryer. We had to replace the carpet and the pad that had mildewed from having constant water sit on it. And we had to pull about 15 feet of that LVP flooring, let the subfloor dry out, and then Jim had to install all new pieces that we had already saved in our supplies downstairs. Needless to say, we kept her deposit, but it barely touched the cost of the damage. Could we have gone after her for the balance? Yes. Was going to small claims court, and involving our lawyer worth it? No

Kevin 22:55

Yeah. This is exactly why we have reserves. We just wanted to move on.

Stacie 23:01

Exactly. All right.

Should You Let Tenants Make Repairs

Stacie 23:03

The last point we wanna make is one that gets landlords in trouble. The well-meaning tenant who calls and says, "You know, I can just fix it myself. It's no big deal." And on the surface, man, that sounds great. It's convenient, might be cheaper, and tenants love the feeling of handling something themselves. But I wanna walk you through why this is usually a bad idea, because there are real risks that you need to think through. So the first question is, who pays for labor and parts? If you have verbally agreed that the tenant will handle it and you'll reimburse them, what happens when the bill comes in and it's double what you expected? Get any agreement like that in writing with a clear cap on costs before a single wrench is turned. And let me just tell you, a handshake deal is a dispute waiting to happen. All right. The second question: What if the repair is botched? What if the tenant's DIY fix causes further damage, or worse, a safety issue? Because then liability gets very murky. And here's something landlords don't often realize. In most states, you can still be held liable for habitability issues even if you let a tenant handle it. You cannot outsource your legal obligations. The implied warranty of habitability does not care that your tenant volunteered. Okay, the third thing, are there legal or permit implications? Some repairs, like electrical and plumbing and structural, require a licensed contractor by law in most jurisdictions. An unlicensed repair can void your landlord insurance, and if something goes wrong and an unpermitted repair is discovered during a claim or an inspection, you could be looking at significant liability issues. And the fourth thing, what about repairs made without your knowledge at all? So your lease should absolutely state that the tenant needs written approval before making any repair beyond the most minor cosmetic items. If they go ahead without asking, you're not obligated to reimburse them, and you may have grounds to charge them if they cause additional damage.

Kevin 25:25

Much like the tenant who installed the bidet and the water line started leaking.

Stacie 25:29

Yep, exactly like that. And the bottom line is this, kindly decline most tenant repair offers. Bring in a licensed vendor, document everything, and protect yourself. A little inconvenience on your end is worth far more than the liability of a DIY repair gone wrong.

Kevin 25:51

Yeah, that's a lot to unpack there because it can be so tempting to let the tenant handle things themselves. All

Closing

Kevin 25:59

right, you guys, let's close this episode out. Landlords own the big stuff: structure, systems, safety. Tenants own their day-to-day upkeep and the damage they cause. Property type matters. And your lease is where all of this gets spelled out before anyone moves in. Key things to take with you today: Get it in writing. Who handles what belongs in your lease, not in a text message after the fact. Distinguish between wear and tear and actual damage at every single move-out. Be very cautious about letting tenants make repairs themselves. And when in doubt, look up your state's landlord-tenant laws. These vary more than people realize.

Stacie 26:45

And as always, today's episode is general guidance, not legal advice. For anything specific to your situation, please consult a real estate attorney in your rental property state. And I wanna just let you guys know that the link to EZ Landlord Forms that we talked about earlier is in the show notes. If you guys want to learn more about wear and tear in rental properties or preventative maintenance, we have previous episodes that we've done before. Those would be episodes 55 and 59. We'll go ahead and link those in the show notes for you as well. All right, that is our show for today. I guess we missed the 20-minute mark for a shorty episode. Oh, well. We'd rather make sure you have a clear understanding of the subject than gloss over things and keep you wondering. Thank you so much for taking the time out of your busy schedule to listen to what we have to say about self-managing your rental properties. We are very grateful and humbled to be able to share what we know to help you in your journey. And of course, we hope you enjoyed this episode and got some helpful information out of it. And if you wouldn't mind helping us out, we would really appreciate you leaving us a kind review or maybe even sharing the podcast with another landlord that you know. If you wanna hear more, follow or subscribe to the podcast so that every week our episodes are downloaded, to your favorite podcast platform. And we would love to stay in touch with you. If you have a question or want to suggest a subject for our podcast, you can text us at 650-489-4447, or you can email us at stacie@yourlandlordresource.com. That's Stacie with an I-E. Or kevin@yourlandlordresource.com. And these notes will be in the show notes as well. Also in the show notes, you can find links to all the downloads we offer, ways to sign up for our free newsletter, links to our private Facebook group that's just for landlords, and our social media accounts on Instagram, Facebook, and we also are on YouTube, where we share very informative and detailed tips and tricks for landlords. So go check those out. I think that's about it. Thanks again, and until next time, you've got this, landlords.