Can Landlords Legally Charge Tenants for Repairs They Did Not Approve?

The relationship between landlords and tenants is governed by both lease agreements and local laws, which outline the responsibilities and rights of both parties. One common point of contention is whether a landlord can legally charge a tenant for work that was not previously authorized or approved.

The Legal Framework

When a tenant makes unauthorized repairs to rental property, the landlord can potentially charge the tenant for any costs incurred to repair or reverse those changes. This is because the tenant is not the rightful owner and has not obtained the landlord's permission to make changes to the property. Landlords can also recover damages if the tenant’s actions violate warranties or repair contracts.

However, it's essential to distinguish between necessary repairs that tenants cannot legally disapprove of, and repairs that tenants can approve of or have caused.

What repairs can landlords charge tenants for?

Landlords are often entitled to charge tenants for repairs or replacements that are a normal part of the property's maintenance. These repairs typically fall under the category of "normal wear and tear," meaning regular maintenance required to keep the property in good condition. Examples include:

Leaky faucets Malfunctioning locks Non-functional appliances (including HVAC systems)

For instance, if a tenant replaces a locked door, the landlord can charge the tenant for restoring the door to its original condition or replacing the door if necessary. However, the tenant has no legal obligation to approve such repairs, and the landlord must typically make reasonable efforts to discuss and approve any significant changes.

When can landlords charge for repairs?

In certain cases, landlords may legally charge tenants for damages caused by third parties, such as guests, pets, or other unauthorized persons. For example, if a tenant's roommate pounds excessively on the door and damages it, the landlord can charge the tenant for repairing it. The key here is that the tenant was responsible for or allowed the damage to occur.

Moreover, if a tenant or their guests cause damage that goes beyond normal wear and tear, the landlord can charge for repairs. For instance, if a tenant's excessive force leads to a broken door frame or if a tenant needs to break in because they lost their keys, these would be considered damages for which the tenant can be charged.

What repairs must be done by landlords?

Landlords are generally required to maintain the property and make necessary repairs as per the lease agreement and local laws. These repairs include:

Fixing non-functional appliances Repairing or replacing broken or malfunctioning fixtures Maintaining the HVAC system for proper functioning

For example, if a dishwasher breaks and cannot be fixed, the landlord should replace it or repair it, and cannot charge the tenant for this unless the damage was caused by the tenant or their guests. If a tenant requests a new dishwasher, it may be a case where both parties need to communicate and potentially split the cost, especially if the tenant agrees to keep the new dishwasher when moving out.

Conclusion

The legality of charging tenants for repairs depends on the specifics of the situation. If the repairs are due to normal wear and tear and the tenant had not approved such changes, the landlord should bear the cost. However, if the damage was caused by the tenant’s actions or that of their guests, the tenant can be charged for repairs.

Understanding the legal boundaries and the terms of the lease agreement is crucial for both landlords and tenants to avoid misunderstandings and conflicts.