What Is a Repairs and Maintenance?

Plain-English Explanation

The Repairs and Maintenance clause in a lease explains who is responsible for fixing things that break or need upkeep in a rental property. It usually tells you what the landlord needs to take care of and what the tenant is expected to handle. This could include things like plumbing, heating, or appliances.

Typically, the landlord is responsible for major repairs, like fixing a broken heater or a leaking roof. The tenant might be responsible for smaller tasks, such as changing light bulbs or keeping the place clean. The clause might also say how quickly repairs need to be done once a problem is reported.

Sometimes, this clause will explain how to report a problem and who to contact. It might also say what happens if repairs aren't done in a reasonable time. This helps both the landlord and tenant know what to expect.

Why This Clause Exists

The Repairs and Maintenance clause exists to make sure everyone knows who should fix what. This helps avoid confusion and arguments later on. By clearly stating responsibilities, both the landlord and tenant can plan and budget accordingly.

For landlords, this clause helps protect their property by ensuring that tenants take care of minor issues and report bigger problems quickly. For tenants, it provides a clear understanding of what they can expect from their landlord in terms of property upkeep and comfort.

Common Risks to Watch For

• The clause may be unclear about what counts as a "major" or "minor" repair.
• It could be one-sided, favoring either the landlord or the tenant too much.
• There may be vague timelines for when repairs need to be completed.
• Surprise costs could arise if the tenant is responsible for more repairs than expected.
• The process for reporting and handling repairs might not be clearly outlined.

Example in Plain English

Imagine you rent an apartment, and the heater breaks in the middle of winter. The Repairs and Maintenance clause in your lease says the landlord is responsible for fixing major appliances. You report the issue, and the landlord arranges for a repair technician to come within two days. The repair is done quickly, and you have heat again, as the clause intended.

When This Clause Causes Issues

• If the tenant thinks the landlord should fix something, but the landlord disagrees, it can lead to disputes.
• Problems can arise if repairs are not done quickly, especially if the clause doesn't specify a timeline.
• Tenants might be surprised by unexpected repair costs if the clause is not clear about responsibilities.

What to Do Before You Sign

• Ask whether the clause clearly defines what repairs are considered major or minor.
• Check if there is a specific process for reporting repairs and how quickly they will be addressed.
• Inquire about who pays for repairs and if there are any costs you might be responsible for.
• Find out if the clause includes a timeline for when repairs should be completed.
• Consider asking what happens if repairs are not made in a timely manner.