A Good Lease 2

I know I have told people that a good lease is one of the keys to protecting land lords. Recently I have been involved in a situation with a tenant where a clause in a lease is working the way it is supposed to keeping a bad situation manageable. This is how the clause reads in the lease:

2. LESSEE’S OBLIGATIONS: In addition to the monthly rental specified above, Lessee shall be responsible for the first $300 of all repairs and the following:

This little clause protects the land lord from having tenants break things expecting the land lord to buy new all of the time and also keeps the phone from ringing when the tenant wants a light-bulb changed. It also makes it wise for the tenant to take care of and follow maintenance guidelines for the appliances and such in the house. If they don’t the land lord can hire someone to take care of the problem. This will let you offer the tenant a couple of choices in my case I offered a new dryer for $300, a used dryer for $200 or they could try to find one cheaper and leave me out of it. Be prepared to stand firm on this because the tenant will always seem to conveniently forget this clause in the lease and will be upset with you even though you have had dryers last in your house for decades but theirs burn out because they didn’t maintain the exhaust vent system. You need to remind them that you are in the house renting business not the appliance business. I did replace the water heater because it was old and is part of the house and they did not break it. According to the lease I could charge them for the first $300 dollars for the repair. For the tenant you might want to get a Home Warranty to cover all of the appliances to cut your cost to that of the warranty. It would be up to you as to the type of protection you feel you need.

The appliances were there in working order and they are not part of the lease. Here is what the tenant is renting.
10. DESCRIPTION OF PREMISES: Premises includes the residential unit described above together with the garage and out buildings, if any, or the common elements and limited common elements appurtenant thereto.

Appliances are covered in “Premises, whenever damage or injury to the same shall have resulted from Lessee’s misuse or neglect; and Lessee agrees to pay for any and all repairs that shall be necessary to put the Premises in the same condition as when he entered therein, reasonable wear, acts of God, and loss by fire excepted; and Lessor shall have the right to make said repairs and recover the cost of same from Lessee as rent.”  This does not mean you are renting them the appliances. They are there as a courtesy and as a courtesy you expect them taken care of. In a Sale of Real Estate appliances are mentioned on the contract but they are not part of the Property because they are not fixtures.