A Landlord-Tenant Maintenance Checklist
- One type of landlord-tenant checklist can be a part of the rental contract. A checklist can be used allowing the parties to agree upon what maintenance items are the responsibility of the tenant and which responsibilities belong to the landlords. State laws provide guidelines for landlord-tenant responsibilities, but it can be helpful to both parties to cover it in the contract. A contract checklist may waive responsibilities of one party.
- The pre-rental inspection checklist is perhaps the most common type of checklist with the check performed by the tenant (or by an agent of the tenant such as a superintendent) while the tenant is present or with the participation of the tenant. The parties look at and agree upon existing damage and wear to the rental unit. By agreeing in advance, both parties are protected. The tenant will not have to pay for items that were already damaged. The landlord can charge the tenant for new damage without the tenant claiming the damage was already there.
- Post-rental inspections are usually done by the landlord, seldom in the presence of the tenant or former tenant. This is a common point of contention. Generally, it is solely the landlord evaluating damage to the unit. Required maintenance, presumably caused by the tenant, is usually recorded on the checklist. The value is often deducted from security deposits.
- Most state law outlines the basic responsibilities of both tenants and landlords even in the absence of a written contract. For example, most states have sanitation and health standards requiring landlords to make a dwelling vermin-free. If a landlord is not meeting his legal or contractual maintenance obligations, a tenant is well-advised to make a checklist of deficiencies and document each. The documentation can be used to legally compel the landlord to act or to refund rent and deposits. It can even help the tenant collect damages.
Maintenance Responsibilities
Pre-rental Inspection
Post-rental Inspection
Tenant Grievances
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