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Property maintenance is one of the most time-consuming aspects of owning an investment property, yet it's essential for maintaining the value and appeal of your rental units. The property owner is responsible for keeping their property in a safe and habitable condition, but at the same time, they must respect their tenants' privacy.
That makes it impossible for a landlord to attend to every tiny detail of maintaining their unit themselves. Is there a way that tenants can take care of some aspects of preventive maintenance to alleviate this situation?
Read on to explore the laws regarding tenant vs. landlord maintenance responsibilities.
Key Differences in Legal and Optional Responsibilities
Lease agreements should be designed to benefit both landlords and tenants, and they are governed by landlord-tenant law in the applicable state. These regulations protect landlords from the damages that bad tenants can cause.
During these times of ever-increasing rents, these laws also prevent desperate tenants from accepting unsatisfactory living conditions or unfair expectations from their landlords. Legal obligations, such as maintaining safe living conditions, are non-negotiable.
Optional responsibilities may include minor aspects, as agreed to by both parties. These responsibilities are enforceable under the conditions of the lease, but the tenant has no obligation to agree to a lease they aren't comfortable with.
For instance, a lease may obligate the tenant to attend to repairs caused by themselves, but it can't make them responsible for property maintenance costs involving habitability issues, like plumbing.
Tenants' Legal Property Maintenance Responsibilities
All tenants have three main legal responsibilities when they rent a home. These are:
Complying With the Lease
Tenants must pay their rent on time or face eviction. They may not cause unnecessary wear and tear by doing things forbidden in the lease, such as housing a dog in a non-pet-friendly unit.
Attending to Normal Wear and Tear
Under Milwaukee law, tenants are responsible for the daily upkeep of the unit. This includes things like cleaning and waste disposal.
Reporting Maintenance Issues
Preventive maintenance is essential for building longevity and maintaining property value. While a landlord may conduct routine inspections to stay up-to-date with this, they rely on the tenant to report any maintenance issues immediately so that they can address them.
If a landlord does not attend to maintenance or repairs within an agreed-upon time frame, the tenant can withhold the rent or report their landlord to the local building or health inspector. The landlord cannot retaliate against tenants who do this.
Optional Property Maintenance for Tenants
Optional property maintenance for tenants usually includes things like changing light bulbs or attending to lawn care. These conditions must be clearly stated in the lease agreement.
By agreeing to carry out minor maintenance, the tenant preserves their right to privacy.
Navigating Landlord-Tenant Law in Milwaukee
Knowing your boundaries as a landlord can prove to be a steep learning curve. An accomplished property manager can help you make sense of it all.
Performance Asset Management is a licensed property management firm in Milwaukee, WI, that can assist you with the intricacies of property maintenance and so much more.
Our team comprises qualified professionals with extensive experience in property management and real estate investments, with an emphasis on tax and accounting. We take care of every detail for our landlords, ensuring cost efficiency down to the last penny.
Browse our blog for more property management advice, or ask us how we can help you thrive as a Milwaukee landlord.
