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Notice to Tenant to Repair Damages

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The Notice to Tenant to Repair Damages is used to notify a tenant that has damaged the premises that they must make the appropriate repairs.

Document Last Modified: 6/3/2021

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State Specific Clauses

CA State Assist

VERY IMPORTANT-RESPONSBILITY OF REPAIRS IS ALMOST ALWAYS THE LANDLORD'S:
The landlord has this duty to repair because of a California Supreme Court case, called Green v. Superior Court,130 which held that all residential leases and rental agreements contain an implied warranty of habitability.

Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes.

However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.

Tenant's Agreement to Make Repairs
The landlord and the tenant may agree in the rental agreement or lease that the tenant will perform all repairs and maintenance in exchange for lower rent. Such an agreement must be made in good faith: there must be a real reduction in the rent, and the tenant must intend and be able to make all the necessary repairs.

Regardless of any such agreement, the landlord is responsible for maintaining the property as required by state and local housing codes.

One of the best ways to protect your rental property is to inspect, inspect, inspect! There is a fine line between inspecting the home and harassment. Be sure not to overdo it and provide a proper notice to enter. After an agreed-upon time by you and your tenants has been made, then use an inspection checklist

With the checklist in hand (don’t forget your pen), start walking through the rental property.

  • Walk through each room and be sure to check walls and ceilings.
  • Inspect flooring for burns, stains and pet damage.
  • Check plumbing for leaks.
  • Examine windows for broken glass.
  • Look at every nook and cranny.

If you do not allow pets, check for signs of a pet being on the property during these inspections.

TIP: Tenants can be very creative in hiding damage. When a sofa is smack-dab in the middle of the floor, this could mean it is covering something up. There is nothing like creative interior decor to play hide-and-seek with a landlord.

Most tenants will comply and generally it is not a big deal. Where cooperation is non-existent; you can bet there are probably some issues. Now, the inspection is done, and you have noticed some pretty clear cut damage done by your tenant. What do you do?

Send a notification to the tenant to repair the problems. This ezLandlordForms “Notice To Tenant To Repair Damages” is a great way to let your tenant know. The template is a form of few words but ready for your complete customization. Most states make the tenant responsible for items that are broken by abuse or negligence or the tenant’s part. However, if the issue was existing, be sure to refer to the initial inspection report to avoid any unnecessary battles.

This way if a tenant moves without giving notice (or even if they do and never have taken care of the repair), you have a paper trail to use when conducting the security deposit accounting.