Can My Landlord Make Me Pay for Plumbing Repairs? Dealing with plumbing issues can be frustrating, and it becomes even more complicated when questions arise about who is responsible for repair costs. Understanding the legal and practical aspects of rental agreements can help tenants approach these situations with confidence. So, can your landlord force you to pay for plumbing repairs? The answer depends on several factors, including your rental agreement, the cause of the problem, and local laws.
Can My Landlord Make Me Pay for Plumbing Repairs?
When it comes to plumbing repairs in a rental property, the responsibility usually falls on the landlord. However, there are certain circumstances in which the tenant may be required to cover the cost.
So, first, you need to
Check the Lease Agreement
Does the tenant have to pay for repairs? Yes, some, but only if it is stipulated in the lease or rental agreement. The agreement should clearly state who is responsible for what. If it doesn’t, you can request that it be put in writing. The landlord should openly communicate their policies, so that both of you are on the same page.
As a general rule, the landlord should request and put in writing in the lease agreement that no major repairs will be made without their consent. When it comes to paying for the cost of repairs, you generally have three options, depending on your contract and the scale of the repair:
Use your own contractors and send the bill to your tenants
Use your own contractor and pay the bill
Allow the tenant to handle the repair themselves and send you the bill
Of course, open and honest communication is paramount. Tenants appreciate landlords who resolve maintenance issues. There’s nothing worse than having to nag a landlord to fix something.
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Understand the Landlord’s Responsibilities
A landlord’s responsibilities are outlined in the Chicago Residential Landlord-Tenant Ordinance (CRLTO), Section 5-12-070. Under the law, landlords are responsible for maintaining the structural integrity of their rental property. So, as long as it’s not due to tenant negligence or abuse, the landlord will have to pay for repairs or resolve issues related to: pests, broken locks, plumbing, electrical, mold, and heating.
When a tenant notifies you of a problem, you must respond. You can ask for specific details about the repair or arrange a visit to the property to assess the extent of the damage. When a tenant requests a repair, you must do the following:
Take reasonable steps to repair things in a timely manner (some city ordinances require minor defects to be repaired within 14 days).
If you are sending someone to make the repairs, you must notify the tenant at least 48 hours in advance.
All repairs must be done professionally. Keep a record of the repairs, invoices, and communications with your tenant.
Dissatisfied tenants have the right to contact local government agencies if you do not make repairs within the legal time frame. Violating the CRLTO can cause a tenant to terminate a rental agreement and vacate the property. However, you must first notify them in writing and give them time to fix the problem. If you are unfamiliar with the CRLTO, you should consult an attorney before drafting a rental agreement, as the penalties for noncompliance are costly.
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Understand the Tenant’s Responsibility
Does the landlord have to pay for repairs? No, if it is a minor inconvenience or damage caused by the tenant. If the repair work is more substantial, you should always notify the landlord as soon as possible.
In general, tenants are expected to take care of:
- Damage caused by pets
- Replacing burned-out light bulbs and smoke detector batteries
- Damage caused by themselves or guests
- Stains or odors caused by smoking
- Any neglected repairs that could have been fixed if they had notified the landlord within an appropriate time
A tenant must leave a rental property in the original condition it was in when they first moved in. If they paint a wall, they must restore it to its previous color. If they accidentally break a window, it becomes their responsibility to repair it, etc.
To protect against misunderstandings and cover all bases, it is advisable to take photographs and a video of the property when they first move in, especially if there is any outstanding repair work, as well as when they move out. By taking note of existing imperfections, you can avoid being held liable for them when you leave the property.
Who Pays the Plumber? Me or the Landlord?
The simple answer to this question is that in most cases, the landlord is responsible for plumbing repairs. There are instances where you can be charged, but we’ll get to those later. For now, let’s discuss the landlord’s responsibilities.
Landlords are required by law to provide habitable living conditions. Because of differences in building codes between states, the term “habitable conditions” can mean something different depending on where you live. However, regardless of state, at a minimum, all landlords must provide housing that is safe, secure, and pest-free. In most states, these minimum standards include:
Plumbing
The unit must have working plumbing and adequate wastewater disposal mechanisms.
HVAC
The heating and cooling system is critical to maintaining proper indoor temperatures. The landlord must ensure that the HVAC system is working properly and meets local building codes.
Electrical
An electrical problem can be a very serious problem that can lead to electric shock or fire. All electrical systems must operate in accordance with code ordinances.
Structural Integrity
Tenants have the right to housing that is structurally sound, as long as the unit:
Is weatherproof
Has no broken windows or doors
Has safe hallways, stairways, and entrances
Cleanliness
As a tenant, you have the right to a unit that is sanitary and pest-free. The landlord must keep the outside of the unit free of debris and must provide adequate waste disposal facilities.
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Can Landlords Make Tenants Pay for Repairs?
Can my landlord force me to pay for repairs? Yes, because a landlord is not required to repair everything a tenant asks for. For example, any appliance that is not in the lease would be the tenant’s responsibility. It is acceptable for landlords to include clauses in the lease that make tenants responsible for small repairs.
Generally, if the repair is minor and the reasonable cost to fix it is less than $500 or half of your monthly rent, you can have it fixed yourself and deduct the cost from your rent. However, a landlord cannot charge you for normal wear and tear repairs, such as:
- Stuck doors
- Loose tiles that require grouting
- Clog pipes due to aging
- Scuffs on hardwood floors
- Thick carpets
Final thoughts
While landlords are generally responsible for maintaining plumbing systems, tenants may be held liable if the damage is a result of their negligence or misuse. The key to resolving these issues lies in clear communication, understanding the lease, and knowing local laws. By taking proactive steps, you can ensure that plumbing issues are resolved fairly and efficiently.