27 Feb Tenant reimbursement for repairs made
If a tenant finds that repairs are needed to a rental unit, they must contact the landlord before taking action. The landlord is responsible for making the needed repairs once notified. The owner may make the repairs or perhaps hire a professional contractor to repair the rental unit.
If the tenant does not notify the landlord and instead makes the repairs on their own, a deduction from the rent for the cost of repairs may be requested. A landlord may receive a bill from a contractor that the tenant has hired to make repairs to the property. However, the landlord does not always have to pay for unauthorized repairs.
There are some specific legal requirements, depending on the state, that must be met for the tenant to be reimbursed for repairs made. If any of the following statements are true, the landlord may not be responsible for the cost of repairs.
· The tenant has not notified the landlord of the needed repair.
· The tenant damaged the property and created the need for repairs.
· The repairs made are unsafe and do not meet compliance codes.
· The tenant is in arears on his rental payments.
· The tenant hires a contractor that makes unauthorized repairs.
Not all states allow a tenant to repair and deduct the cost from rent due. Most state laws have requirements of landlords to keep electrical, plumbing and HVAC units in working order but also allow for a specific amount of time after notification for repairs to be made.
Barsh and Cohen’s team of legal experts has decades of experience representing clients in all areas of real estate. We offer affordable legal solutions. Contact us to schedule a consultation.