Can a landlord write in a contract for rental property that the tenant is responsible for a deductible amount?

Nag
Home Buyer
Central Business Dis...

towards EVERY repair that comes about regardless if the damage was caused naturally or on its own?

Answers (8)
Justlooking30
Other/Just Looking
Wisconsin

I agree with most of the posters here that you can put anything in a contract you want subject to the overall law, but I know as a long time renter in the middle to upper rental market that I would NEVER sign a contact with those conditions. I provided a substantial security deposit up front, with the expectation that I would take reasonably good care of the home or risk reduction of the deposit. I'm charged a rent amount that covers costs plus a profit margin. Seems fair to me.

I realize that there is some risk in renting, but you should manage your repairs in such a way that ensures they get taken care of in a way that spreads out the cost without putting that on your tenants. I realize this is much harder for individuals/small companies with a limited amount of properties, but you should look for other solutions regardless.

If you make the tenant responsible for the repairs REGARDLESS of cause, you really run the risk of tenants not reporting issues that could be missed by you on exit and turn into much more serious problems later on. Ido a fair amount of repairs on my own, but I know that if I was asked to pay for a repair for a situation I was not responsible for creating, I certainly wouldn't call my landlord about it. Fortunately, I'm in a position where I can pick and choose who I rent from. With your solution, you're limiting yourself to those who don't have better options.

Just a renter's opinion. Good luck.

Thu Mar 19 2009, 14:54
Jonathan Citron
Agent
07039

Yes, this is fair. Also, as the property owner, you should consider a home warranty on appliances and systems and make the tenant pay for the deductible, generally in the $75 to $95 range.

Thu Mar 19 2009, 14:36
Linda Niehuus
Agent
77833

As an investment property owner myself, I have been doing just that for a number of years and it always works well for both the tenant and me. I arrange for an "insurance" policy on all the major systems and request the tenant to pay the first $55 of each repair...which is the deductible. The reasoning is that if they have to pay the first $55, they will be more likely to do the minor repairs themselves, things like a ballcock in a toilet or a leaky faucet, if it can be done for under $55.

Also, by asking the tenent to take some responsibility, we have had better luck--overall--with the tenant taking better care of the property. Then, if something major like the a/c goes out, we can opt to pay the deductible if in all other matters the tenant has acted responsibility.

One other advantage for the tenant is that they don't have to get hold of the landlord and wait for them to arrange for the repair to be made...they just call a toll-free number and a technician is sent right out. So, really, it works out better for all concerned.

Hope that helps you feel better with signing such a lease contract.

Good luck!

Thu Oct 9 2008, 20:30
William Leigh H...
Broker
New Jersey

Nag: The real answer is that a contract should be reviewed by an attorney, not by a Realtor. There are consumer protection laws, both state and local, so it would have to be a matter of what can be done and what you want done with your particular situation.

Thu Oct 9 2008, 14:37
John Sacktig
Broker
East Brunswick, NJ

Most leases state that the tenant is responsible for damages that they contribute to and rightly so.

But, things such as the Heat / AC and typical wear and tear items you should not be responsible for. I have had leases where the landlord pays the PSE&G service contract portion of the bill for peace of mind. deduct from the rent the monthly charge. These questions should be brought up by your realtor and firm answers put into the contract in writing.

Good Luck

Thu Oct 9 2008, 12:57
Carol Murray Cei
Agent
Montgomery County, PA

Landlords can try to put anything they choose into a lease. It is up to the tenant to negotiate satisfactory terms or move on to a landlord who is more amenable.

Good luck.

Thu Oct 9 2008, 11:52
Deborah Madey -...
Agent
Rumson, NJ

If you are a tenant with strong credit and excellent references, you probably have some bargaining and negotiating power. You can certainly approach the landlord with a counterproposal to the terms presented.

Thu Oct 9 2008, 11:45
Torrey Lewis
Agent
Chicago, IL
FIRST ANSWER

The long and the short of this situation is that if both parties agree to the term(s), and both parties sign the agreement, then it will most likely become enforceable. If there is a term you object to, as in this case, then you should probably either find a different property, or insist that such terms are deleted from the lease.

In any case, for more detailed answers, it's never a bad idea to contact a real estate attorney who has experience dealing with tenant rights.

Good luck! Hope this helps!

Thu Oct 9 2008, 11:29

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