Quick Answer: In most cases, landlords are not responsible for paying for unauthorized repairs made by tenants. Exceptions include emergency or habitability issues, where state law may require reimbursement under specific conditions.
You want your tenants to feel at home in your rental. After all, happy tenants tend to stay longer, providing you with consistent, steady rental income. But what if your tenants take it too far and make repairs you didn’t authorize?
Maybe your tenant hired a contractor to make repairs without asking you first. If you find yourself staring at an invoice for repairs you didn’t authorize, you might be wondering … do I have to pay for this?
Key Takeaways:
- Tenants typically need written consent before hiring contractors or performing repairs.
- Landlords can deduct the cost of unauthorized or poor-quality repairs from the tenant’s security deposit.
- Strong lease language and clear communication prevent most repair disputes.
When Can Tenants Make Repairs?
Tenants can perform repairs only under specific legal conditions, usually related to habitability. Check your local landlord-tenant laws or speak with your real estate attorney for guidance.
Most states require landlords to maintain a livable residence under the "implied warranty of habitability." If essential services (plumbing, heat, water) are not functioning and the landlord fails to act in a legally required timeframe, tenants may:
- Use the "repair and deduct" option.
- Be required to provide a written estimate from a licensed contractor.
- Need to allow the landlord time to approve or inspect the work.
What Repairs Are Considered Unauthorized?
Unauthorized repairs are any repairs not approved in writing by the landlord or not allowed under the lease agreement.
Before renting out your property, decide what you’re comfortable allowing tenants to handle. For example, you might be fine with them painting a room, as long as they seek your approval first, pay the cost, and choose a color you agree with.
If you don’t want to be called for every minor issue, include a clear repair clause in your lease agreement. If you’re okay with minor alterations, such as swapping out light fixtures or installing curtains, state in the lease that the home must be returned to its original condition upon move-out.
Examples of unauthorized repairs:
- Hiring a contractor without landlord consent
- Replacing windows or appliances without notice
- Painting or altering fixtures without approval
Preventive Steps:
- Include a lease clause like: "Tenant shall not make repairs or hire contractors without written landlord authorization."
- Clarify that unauthorized work will not be reimbursed.
- Require written repair requests, even for emergencies.
What if the Tenant Didn’t Report the Issue?
Repairs made without landlord knowledge, even if well-intentioned, can be considered lease violations.
If a tenant fixes something before moving out (e.g., replacing a broken window), and the repair is substandard:
- The landlord may require professional corrective work.
- Costs can be deducted from the security deposit.
Note: Substandard or unauthorized repairs qualify as damage, not normal wear and tear.
What Repairs Qualify as Emergencies?
Emergencies involve immediate threats to safety or property that require urgent action.
In some cases, you may want tenants to handle an emergency repair and invoice you afterward. In certain states, tenants are allowed to authorize emergency work if they can’t reach you. An emergency typically refers to an immediate threat to the tenant’s health or safety, or risk of serious damage to the property.
Outline in your lease what qualifies as an emergency, based on your state’s laws.
Steps for Landlords to Handle Unauthorized Repairs
Address unauthorized work promptly, professionally, and in accordance with the lease and local law.
Step-by-Step Guide:
- Contact the contractor: Inform them you did not authorize the repair.
- Speak with the tenant: Understand why they proceeded without permission.
- Clarify consequences: Let them know they are responsible for the cost.
- Evaluate lease enforcement: Consider a legal response if the lease was violated.
In some cases, you may issue a "quit or cure" notice. This gives tenants the option to resolve the issue (e.g., pay the bill), or face potential eviction.
How to Prevent Issues with Repairs
The best defense is a clear, legally sound lease and proactive communication.
Best Practices:
- Generate your legally binding lease on Apartments.com, or have your lease reviewed by an attorney.
- Specify what tenants can and cannot do regarding repairs.
- Require written communication for all repair requests.
- Conduct regular inspections and respond promptly to tenant concerns.
FAQs About Unauthorized Tenant Repairs
Can tenants deduct unauthorized repair costs from rent?
Only if the state permits it and proper procedure is followed.
What qualifies as an emergency repair?
Gas leaks, flooding, no heat in winter—immediate threats to safety or property.
Can I evict a tenant for unauthorized repairs?
Possibly. Local laws vary, so consult a legal expert before proceeding.
What should be included in a lease repair clause?
State that tenants must request written permission for repairs and that unauthorized work will not be reimbursed.
