[zmacllc]

I have several rental properties which are single family homes (townhouse and rowhouse). One tenant has been there for five years so the wear and tear on the home is becoming more prevalent. Several years ago the tenant damaged the storm door and I had it repaired at my own expense. They've damaged the storm door a second time and want me to fix it again. I have another tenant who will break things and then call me to fix it (like a bannister that they've leaned on). I was speaking to a friend who said that when I renew the lease I should put in a clause which states that any general repairs under $200 (using that figure as an example) would be the tenant's responsibility. Of course this wouldn't apply to any major plumbing or electrical components in the home. But then I spoke to a property manager who told me that by law I cannot put something like that in a lease because it's illegal to do so. The property manager says I can only make the repairs (no matter how minor or annoying) and then deduct it from the deposit upon move-out. This makes sense but when they're calling every other week with a new repair request I feel like I'm going to go broke fixing stuff. I couldn't find any written law on this so I'm wondering if anyone else experienced this and how they handled it. My properties are in Baltimore City and PG County, Maryland.

[hkstroud]

I spoke to a property manager who told me that by law I cannot put something like that in a lease because it's illegal to do so.

The property manager is not a lawyer.

The lease is an agreement between you and the tenant. You can put anything in the agreement that you both agree to. It is common to make the tenant responsible stopped up sewage pipes or water lines that burst due to freezing in a residential lease. You can certainly make tenant responsible for any damage caused by the tenant with early termination of the lease and eviction as a means of enforcement.

[ScottGem]

Welcome to the joys of being a landlord! Did you not realize, when you choose to invest in rental properties, that you would have tenants constantly carping about repairs or the condition of the property? Five years is a fairly long time to expect to not invest in upkeep, painting, new carpets, etc.)

It sounds to me like you don't have the temperament to be a landlord.

However, you can put a clause in the lease that will define minor or major repairs. From this site:http://www.ncsl.org/research/environ...nt-duties.aspx

However, the law imposes on a tenant the obligation to return the premises at the end of the tenancy in substantially the same condition as when he moved in. Also, the tenant is responsible for any damage caused by his negligence. But the tenant is not liable for damage caused by the elements or resulting from "ordinary wear and tear". The following interpretations of this phrase indicate how it is used:

The site goes on to explain in more detail.

This would seem to indicate that you can require the tenant to pay for normal wear and tear. Assuming the tenant agrees to the terms of the lease rather then moving out. And that can cost you money by not having rental income for the period.

[joypulv]

The eternal fly in the ointment is what 'damage caused by the tenant' entails. Leaning on a railing? That's what railings are for, in general, and they should be kept solidly attached to walls and floors and checked over the years. Storm doors are notorious for not closing all the way and catching in the wind, and flapping until broken. You can go on all day about this.

And in many states, you can't just deduct repairs you have made over previous months from the deposit.

Your best bet is a positive approach. When it comes time to renew and maybe raise the rent, add an incentive clause. If they do all their own minor repairs for the coming year, you don't raise the rent. You could even give a refund at the last month.

[zmacllc]

Welcome to the joys of being a landlord! Did you not realize, when you choose to invest in rental properties, that you would have tenants constantly carping about repairs or the condition of the property? Five years is a fairly long time to expect to not invest in upkeep, painting, new carpets, etc.)

I don't recall suggesting that I didn't expect or wish to invest in upkeeping the property. I was referring to specific damages a tenant causes which is outside of normal wear and tear. I would think breaking a metal/aluminum storm door twice in five years would fall outside the category of "normal wear and tear". And I believe I have a fairly sound temperament to be landlord, which is why my tenants have all stuck around this long. But thank you for sharing that information.


The lease is an agreement between you and the tenant. You can put anything in the agreement that you both agree to. It is common to make the tenant responsible stopped up sewage pipes or water lines that burst due to freezing in a residential lease. You can certainly make tenant responsible for any damage caused by the tenant with early termination of the lease and eviction as a means of enforcement.
Thank you for the feedback.

Your best bet is a positive approach. When it comes time to renew and maybe raise the rent, add an incentive clause. If they do all their own minor repairs for the coming year, you don't raise the rent. You could even give a refund at the last month.

I haven't raised the rent in the five years they've been there because they have a fairly good payment history, so your suggestion is a very good one since I planned to do so next year. Thank you for the feedback.

[smoothy]

The only problem with them doing their own repairs is I have actually known many people who should not be allowed near any tool. What might pass as a "repair" to them might have anyone that knows what they are doing pulling their hair out because they turned a small problem into a much bigger one needs to be set right later.

[zmacllc]

The only problem with them doing their own repairs is I have actually known many people who should not be allowed near any tool.

Very true! Thanks.

[Fr_Chuck]

In Missouri, TN, and Georgia, I have used the "200" or some figure for years. I have never had any trouble in it.

I still have a couple houses that do this. I do find, that often they just do not repair things, So there is more repair when they move out, but again I hold this out of the security deposit.

I have also started annual inspections at the time to renew leases to see if there is damage that must be accounted for.

Now a long term renter will have wear and tear, carpets, painting, often new bath fixtures and the such.