This is in my new LEASE. Is this fair?

This post was written by admin on February 17, 2012
Posted Under: Heating

My new landlord put this in the new lease. Does this sound normal??
—————————
REPAIRS AND MAINTENANCE

The Landlord shall at his expense, except for the first $50 in cost, which the Tenant pays, keep and maintain the exterior walls, roof, electrical wiring, heating and air conditioning system, water heater, built-in appliances (except garbage disposal), and water lines in good condition and repair, except where damage has been caused by negligence or abuse of the Tenant, in which case Tenant shall repair same at his/her sole expense. The $50 to be paid by Tenant is for each repair and is not to be carried over to other repairs.
I HAVE NOT signed it yet.
She just sent it to me through email to look over it before we sign on Wed… this is the only part i’ve never seen in other leases i’ve signed
again, I HAVE NOT signed it yet!! lol
it’s a HOUSE .. the landlord is the owner of the house.. she wrote this up herself.

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Reader Comments

yes

#1 
Written By AlelelelelellelelexB on February 17th, 2012 @ 6:15 pm

That doesn’t seem very fair.. but if he put it in the lease and you signed it its too late now.

#2 
Written By haven on February 17th, 2012 @ 7:08 pm

yupp..sounds fine

#3 
Written By none on February 17th, 2012 @ 7:34 pm

Have a lawyer look at it before you sign it!

#4 
Written By ACB Consulting on February 17th, 2012 @ 8:28 pm

You don’t have to sign the new lease if you don’t like it.

#5 
Written By Mr Lizard on February 17th, 2012 @ 8:43 pm

Does it matter if it’s fair? If you signed it, It doesn’t make a difference

#6 
Written By haylo_churro on February 17th, 2012 @ 8:59 pm

yes it’s fair

#7 
Written By Theanswer on February 17th, 2012 @ 9:20 pm

you have every right now to sign the lease. I wouldn’t stand for paying 50 dollars to maintain the property. That is usually the landlords responsibility.

#8 
Written By mama a on February 17th, 2012 @ 9:56 pm

Yes, It just means that whatever damage happens naturally you won’t have to pay for it, but if you do it on purpose or even by mistake, you will have to pay for it.

#9 
Written By Tushar on February 17th, 2012 @ 10:37 pm

If this is for a HOUSE, it sounds normal and fair.

#10 
Written By Snark™ on February 17th, 2012 @ 10:58 pm

sounds like a standard lease

#11 
Written By Back 2 Back Champ on February 17th, 2012 @ 11:40 pm

No, it’s ridiculous for a landlord to expect the tenant to subsidize wear & tear repairs on their property. Find a different place to live or have it struck before you sign the lease. If you’ve already signed, look for a tenant action group in your area to see if they can help you strike this from the lease. It may be illegal in your area.

#12 
Written By fdm215 on February 18th, 2012 @ 12:10 am

Basically he put that in there so you wouldnt ask him to do sh*t while you live there is what i am guessing he is doing.

#13 
Written By peilthetraveler on February 18th, 2012 @ 12:20 am

I wouldn’t sign my name to any lease that included any amount of money for a deductable.You’re not buying the place, just using it for a while.
Since you haven’t signed yet, don’t and have it re-written.
You shouldn’t be held responsible for anything unless it’s your fault.
DON”T SIGN THAT LEASE!!!!!!!!!!!

#14 
Written By Quantum Leap on February 18th, 2012 @ 12:24 am

DON’t sign it! That is the most bogus thing I have heard in a long time. Start looking for a new place! Never sign a lease like that!
He is taking advantage of you! Seriously he can put it all in the lease and once you sign it its all on you legally! At least you were intelligent enough to ask. By law he needs to give you 30 days written notice to leave so If I were you I’d start looking!

#15 
Written By gretchen on February 18th, 2012 @ 1:23 am

Think it depends on other things about the rent to be able to answer yes are no?

#16 
Written By snake29 on February 18th, 2012 @ 2:09 am

No, it’s not fair and good for you that you didn’t sign it!!! She is the homeowner, and all of those things are her responsibility!! You are responsible for anything above basic wear and tear.

#17 
Written By Roxanne on February 18th, 2012 @ 2:57 am

Don’t sign it. You don’t know the condition of any of these items in the house. Suppose, in the worst case, all of these items are in disrepair. You will be paying $50 per item to get it repaired. Also if the landlord deems any repair is needed due to your negligence (and you can believe that will be each and every one) you are supposed to pay for it entirely on your own. Please find a home with a standard rental lease to sign not this web-of-deception fake lease.

#18 
Written By loanquest on February 18th, 2012 @ 3:06 am

I wouldn’t sign a stupid lease like that!

Most State laws clearly say that the Landlord is responsible for all of the junk.

If you sign it. You will be libel. That’s crazy. Tell the Landlord yes I’ll sign it, if you refund all the money I pay back to me, when I leave!

Other wise sell me the house and I will sign it.
Lease Option. And apply all the rents towards your
down payment.

If they are going to play you for a fool. Counter with fool actions.

You know the Housing market is bad right now and you are
competing with former homeowners for renting.
Go buy one of those foreclosures instead.

#19 
Written By Beyounce on February 18th, 2012 @ 3:29 am

I didn’t have anything like this written up in the lease for my 2 tenants. I received a security deposit which was the same amount as 1 month’s rent. Normal wear and tear (The definition of “normal” may vary) is expected to be acceptable to landlords. How does one “maintain” the electrical wiring and roof? This either needs to be re-written or omitted. It is not clear to me what the tenant’s responsibilities regarding “maintenance” are.

#20 
Written By Ray M on February 18th, 2012 @ 3:39 am

Get a copy of the tenant/landlord laws for your state. I know its not legal here! do not sign until you know your rights!!!!

#21 
Written By Katie & Eric on February 18th, 2012 @ 4:31 am

That doesn’t sound normal to me. The landlord owns the home. You are just using it temporarily. Why should you be responsible for any needed repairs that result from normal wear and tear?

It sounds like he is trying to save money–at your expense…and maybe he thinks that if you have to help pay for repairs, you will complain less. But then he could hold you responsible for negligence. I personally wouldn’t agree to those terms.

#22 
Written By Reina on February 18th, 2012 @ 4:48 am

My wife and I own five houses in our town and I write our rental agreements. Your lease can be written by the landlord. It means that you put up $50 which the landlord will hold, and use if any repair is required. If everything is ok when you move, you get the $50 back – and you should ask for interest on the $50. Seems a little excessive. (We require $100 as a deposit, with no real specifics as above, and use it only if real, tenant caused damage.) As I read it, if something big goes wrong – say water heater needs fixing – landlord can have it repaired, and will pay everything, your $50 and anything above that amount. You then must put down another $50 for the next incident. Curiously, the way it is worded seems to indicate that the landlord will fix the garbage disposal if it requires work with no charge to you. If you take a fire ax to an inside wall during a fight with a friend, this is clearly abuse and landlord can require that you pay everything for the cost of that repair. You might want landlord to give you specific examples of what he/she expects. And you might ask that this entire clause be removed from the lease. Taking care of things and being nice to your landlord will be appreciated at all times.

#23 
Written By Galen B on February 18th, 2012 @ 5:37 am

It probably is legal. Sometimes leases for houses included that it is the tenants responsibility to make routine maintenance and repairs. Sounds like the $50 is meant to keep you from calling the landlord for every little thing.

I’m not so sure I’d agree to that $50, even tho I’ve rented several homes that I had to do the routine maintenance and repairs.

#24 
Written By bdancer222 on February 18th, 2012 @ 5:53 am

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