Payment of Repair Costs
Payment of Repair Costs
Payment of Repair Costs:
(1) Except as otherwise specified in this lease, Landlord will pay to repair or remedy conditions in the Property in need of repair if Tenant complies with the procedures for requesting repairs as described in this Paragraph 18. This includes, but is not limited to, repairs to the following items not caused by Tenant or Tenant’s negligence:
(a) heating and air conditioning systems;
(b) water heaters; or
(c) water penetration from structural defects.
(2) Landlord will NOT pay to repair the following items unless caused by Landlord’s negligence:
(a) conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant;
(b) damage to doors, windows, and screens;
(c) damage from windows or doors left open;
(d) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the Property;
(e) items that are cosmetic in nature with no impact on the functionality or use of the item (i.e., blinds).
Tenant vs. Owner Expense Determination Procedure
When a repair is completed, the following process must be followed to determine financial responsibility:
1. Review Documentation
- Review the work order, including the original request and any notes
- Review the vendor invoice and technician comments for the cause of failure
- Compare findings against the lease terms outlined above
2. Identify Cause of Damage
Determine whether the issue is due to normal wear and tear or tenant-caused damage.
Examples of tenant-caused issues include, but are not limited to:
- Broken windows or doors when damage is determined to be caused by tenant action, misuse, or negligence
- Damage to screens or blinds is caused by improper use or tenant damage
- Foreign objects in plumbing (e.g., bones in garbage disposal, wipes or other non-flushable items in toilets)
- Clogs or backups caused by improper use
- Damage resulting from leaving doors or windows open
- Any misuse, negligence, or accidental damage caused by the tenant or their guests
3. Make Initial Determination
Classify the expense as one of the following:
- Owner Expense: Normal wear and tear, mechanical failure, or covered system repairs
- Tenant Expense: Damage or conditions caused by tenant actions, misuse, or negligence
4. Confirm with Property Manager (PM)
- Submit your determination along with supporting documentation to the Property Manager
- Obtain confirmation before proceeding with any tenant charge
5. Process Tenant Charge
If confirmed as a tenant expense:
- Provide all relevant documentation, including:
- Vendor invoice
- Technician notes
- Summary of cause and reasoning
- Submit this information to Anna and her team so the charge can be added to the tenant ledger
Key Guidelines
- Always ensure determinations are well-supported by documentation and lease terms
- When uncertain, escalate to the PM prior to making a final decision
- Clear and thorough documentation helps prevent tenant disputes and ensures consistency