A landlord repair notice to a tenant is a formal communication stating that the landlord will perform maintenance or repairs in a tenant’s rental unit sometime soon. Laws in many states often require rental property owners to issue a certain amount of notice before entering a tenant’s unit to perform repairs or maintenance.
This notice ensures the tenant knows the repair schedule, what needs fixing, and when the landlord needs property access. It also lets the tenant prepare for any interruption the landlord’s entry may cause and raise concerns, if any, about the scheduled work.
Key Components
- Date of Notice: Specify the date of the notice’s creation and delivery, as it will determine if the landlord properly follows the entry schedule.
- Notice Period: Declare how many days’ notice the landlord gives. Ensure it complies with the requirements in the applicable jurisdiction.
- Repair or Maintenance Issue: Describe the repair or maintenance problem and what the landlord plans to do to address it. State the dates and approximate times the repairs or maintenance will occur.
- Access Information: Clarify if the tenant needs to do anything to ensure the landlord has proper access, like moving furniture away from the problem area or putting pets in a different room. Explain if the expected work will create an interruption, such as a utility shutoff.
- Scheduling Concerns Statement: Provide details on how the tenant can contact the landlord if the tenant wishes to reschedule the proposed maintenance or repairs.
Landlord-Tenant Laws Regarding Repairs
In most states, landlords must abide by the implied warranty of habitability, meaning they must maintain the property in livable condition. Here are the state-specific laws for landlords’ obligations regarding repairs and property maintenance:
| State | Law |
|---|---|
| Alabama | Ala. Code § 35-9a-204 |
| Alaska | Alaska Stat. § 34.03.100 |
| Arizona | Ariz. Rev. Stat. § 33-1324 |
| Arkansas | No law. |
| California | Cal. Civ. Code § 1941.1 |
Repair Obligations
To keep a unit habitable, a landlord may have to enter to repair the following issues:
- Leaks in plumbing systems
- Broken heating systems
- Roof leaks and water damage
- Faulty electrical wiring or outlets
- Malfunctioning appliances
- Damaged floors, ceilings, or walls
- Broken water heaters
- Broken doors or windows (and accompanying locks)
While landlords must address broken or malfunctioning aspects of a rental unit, they must also perform maintenance tasks to prevent a unit from becoming unlivable. Some of these maintenance tasks include the following:
- Performing pest control treatments
- Regularly inspecting plumbing systems
- Replacing air filters in HVAC systems
- Checking roof integrity
- Cleaning gutters
- Servicing appliances
- Maintaining common areas
- Testing carbon monoxide alarms and smoke detectors
- Keeping stairwells and hallways free of debris and hazards
- Maintaining common areas, ensuring cleanliness and safety
- Performing maintenance on heating systems to ensure efficiency
Does a Landlord Need to Address Wear and Tear?
A landlord shouldn’t have to address normal wear and tear while a tenant is living in the unit. Everyday wear and tear consists of minor cosmetic damages expected from the tenant. When the tenant moves out, the landlord can touch up normal wear and tear, such as paint chipping.
The landlord typically only enters a tenant’s unit to address repair and maintenance issues that affect the habitability and usability of the unit.
Giving Tenants Notice of Repairs
Many states require between 12 and 72 hours’ notice before a landlord can enter a rental unit. In most cases, the required notice period is the same, regardless of whether it’s for an inspection or repair. Some states provide specific guidelines for entering to complete repairs, such as Florida [1] (24 hours’ notice) and New Jersey [2] (one day’s notice).
Review your state’s laws to determine the legal and reasonable notice period and ensure you remain in compliance. Some states don’t specify a notice period, but it’s still considerate to issue some notice if possible.
Tips for Writing & Sending a Repair Notice
- Use a professional and courteous tone.
- Provide ample notice per your state’s laws.
- Clarify what you need from the tenant to access the unit safely and efficiently.
- Allow for flexibility if the repair schedule doesn’t work for the tenant.
- Obtain proof of delivery so you can show you issued proper notice.
What If There's an Emergency?
If a landlord must enter a rental unit to address an emergency, such as flooding, a burst pipe, a gas leak, or a fire hazard, they may not have to give any notice. Even if you enter during an emergency without notice, you should still inform your tenant later that you had to enter to prevent further damage.
Tenant-Caused Damages
Tenant-Caused Damages
Even though a landlord has an obligation to keep a unit habitable, tenants are still responsible for keeping the property in good condition, too. If the tenant causes damages, the landlord can follow these steps:
- Document the Damage: The landlord should inspect the property and record all tenant-inflicted damages.
- Notify the Tenant: The landlord should issue a written notice to the tenant detailing the damages and explaining that the tenant must address them per the lease.
- Estimate the Repair Costs: The landlord may seek estimates to determine the price of repairs. They should share these estimates with the tenant to be transparent about the expected costs.
- Use the Security Deposit: The landlord can use the tenant’s security deposit to pay for the repair costs. They must follow state laws for making deductions.
- Obtain Payment: The landlord can request additional payment if the repair costs are more than the security deposit.
- Complete the Repairs: The landlord should arrange for the necessary repairs.
- Pursue Legal Remedies: If the tenant refuses to pay for the damages they caused, the landlord may sue in small claims court to recover repair costs.
Landlord Repair Notice to a Tenant Example
Here’s an example of a landlord repair notice to a tenant:
John Porter
Pine Ridge Property Management
456 Birchwood St, Portland, ME 04101
(207) 555-3456
[email protected]
Date: October 3, 2024
Emily Winters
102 Maple Ave, Apt 3B, Portland, ME 04101
(207) 555-7890
[email protected]
Dear Emily Winters,
This letter is to inform you that scheduled repairs will be carried out in your rental unit at 102 Maple Ave, Apt 3B, Portland, ME 04101. These repairs are necessary to maintain the property in good working order and condition.
The specific repairs include:
- Fixing a leaking kitchen sink faucet
- Replacing damaged floor tiles in the bathroom
The repairs are scheduled to take place from 9:00 AM to 3:00 PM starting on October 10, 2024, and are expected to be completed by October 12, 2024. Please ensure that the necessary access to the property is provided during this time.
In accordance with state and local law and your lease agreement, this notice is being provided with 24 hours’ advance notice. This ensures that both parties comply with the legal requirements regarding notice for entry and repairs.
Should you have any concerns or if the dates are inconvenient, please contact me immediately to reschedule. I appreciate your cooperation in ensuring the timely completion of these repairs.
Thank you for your attention to this matter.
John Porter
