Apartment Maintenance: On Who's Dime?
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When renting an apartment, some people might question what responsibilities fall on the tenant, and what responsibilities fall on the landlord when it comes to maintenance. In most cases, if an appliance comes with an apartment, and it breaks, the responsibility falls on the landlord. The landlord by law only has so much time to repair or replace the appliance or the landlord could face fines and even possibly jail time if the repairs are not done correctly and in a timely manner.
Conversely, damage caused by the tenant will obviously be their own responsibility. They will have to repair damages to the unit itself (holes in the walls, dented floors, etc.) and pay to repair or replace appliances that were damaged by using them for purposes other than their intended use. If the tenant does not perform the necessary maintenance by the time they move out, the repairs will be made at the cost of their deposit.
Less serious maintenance projects, such as changing burned-out bulbs, repainting and dealing with clogged toilets or other smaller plumbing problems, are usually on the shoulders of the tenant, not the landlord.
Before a renter moves out, it is often in their best interest to check and double-check the rental agreement and be sure of the conditions that need to be met in order to receive all or most of their security deposit back. The carpet can be an area that you should make a note of when you first move in. A carpet that undergoes normal wear and tear ages naturally would be under the charge of landlord to repair. The carpet may already be old when you move in, and so long as you didn't cause excessive damage to it yourself, you should have solid case that repairs should come from the landlord's dime and not yours.
Freezing plumbing systems can be a concern in colder climates. If, during a particularly nippy winter, your pipes burst, that is a problem you had no control over, and should therefore be dealt with by the landlord. If your landlord is out of town or otherwise indisposed when this happens, you have every right to call a professional to repair the damages and give the bill to the building owner. If they refuse to pay the bill, it might be necessary to report them to the Department of Housing to ensure that they fulfill their duty to their tenants.
If you are not sure as to what your responsibilities are as a tenant vs. the responsibilities of your landlord, it is your right to call your local housing authority if you feel that you might be being taken advantage of to see what your legal obligations are, and what your landlord's legal obligations are to make sure that your rights are being protected and that you are not being taken advantage of. Some landlords might try to get away with not maintaining their apartments and they should not be allowed to get away with this. Tenants have rights just as landlords do. Landlords as well as tenants have legal obligations to keep.
Conversely, damage caused by the tenant will obviously be their own responsibility. They will have to repair damages to the unit itself (holes in the walls, dented floors, etc.) and pay to repair or replace appliances that were damaged by using them for purposes other than their intended use. If the tenant does not perform the necessary maintenance by the time they move out, the repairs will be made at the cost of their deposit.
Less serious maintenance projects, such as changing burned-out bulbs, repainting and dealing with clogged toilets or other smaller plumbing problems, are usually on the shoulders of the tenant, not the landlord.
Before a renter moves out, it is often in their best interest to check and double-check the rental agreement and be sure of the conditions that need to be met in order to receive all or most of their security deposit back. The carpet can be an area that you should make a note of when you first move in. A carpet that undergoes normal wear and tear ages naturally would be under the charge of landlord to repair. The carpet may already be old when you move in, and so long as you didn't cause excessive damage to it yourself, you should have solid case that repairs should come from the landlord's dime and not yours.
Freezing plumbing systems can be a concern in colder climates. If, during a particularly nippy winter, your pipes burst, that is a problem you had no control over, and should therefore be dealt with by the landlord. If your landlord is out of town or otherwise indisposed when this happens, you have every right to call a professional to repair the damages and give the bill to the building owner. If they refuse to pay the bill, it might be necessary to report them to the Department of Housing to ensure that they fulfill their duty to their tenants.
If you are not sure as to what your responsibilities are as a tenant vs. the responsibilities of your landlord, it is your right to call your local housing authority if you feel that you might be being taken advantage of to see what your legal obligations are, and what your landlord's legal obligations are to make sure that your rights are being protected and that you are not being taken advantage of. Some landlords might try to get away with not maintaining their apartments and they should not be allowed to get away with this. Tenants have rights just as landlords do. Landlords as well as tenants have legal obligations to keep.
About the Author:
Living in an apartment doesn't have to be an unappealing prospect. If you're searching for luxury apartments in Orchard Park NY, The Hammocks at Orchard Park might be the perfect place for you to live.
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