How often should I inspect the property for repair and maintenance problems? Most often I read that annual inspections are required. However, since the property usually turns over on a one year lease wouldn’t the tenant move-out and prep for a new tenant serve the same purpose?
First, I would consider it unusual that every lease for one year is never renewed and an annual inspection. When tenants are reasonably happy with their current rental unit, they usually remain a tenant for longer than the one year of the original lease agreement. It’s costly and inconvenient for a tenant to move except for reasons such as a job change, a desire for less or more living space, or some particular amenity that wasn’t consider important when the lease was signed.
An annual safety and maintenance inspection is generally considered an acceptable standard, but semi-annual inspections may have more value to help reduce risk and/or contain costs by identifying a problem early on.
In almost all states, a landlord is required to provide housing that meets basic structural, health, and safety standards. Under the legal doctrine of implied warranty of habitability, landlords are responsible to maintain and repair the rental property throughout the tenancy term.
If the property is not kept in good repair, the tenant may have the right to withhold rent, sue for any injuries caused by defective conditions, or unilaterally terminate the lease.
Periodic inspections will allow the landlord to inspect the property for a variety of maintenance issues, including those that may not be reported by the tenant, but could be costly for the landlord if not taken care of. Inspection items usually include plumbing (e.g. leaky under-sink turn-off valves), furnace and air conditioning problems, cracks in window panes, roof or gutter repair and housekeeping items that need attention to maintain health and safety conditions, such as trash and garbage accumulating on the property.
If an inspection is scheduled for about 6 months into the existing tenancy a landlord will gain better knowledge of needed repairs and maintenance. The end of term walk-through and move-out inspection will provide another chance to inspect and correct issues before they become a problem.
It is a good idea to include clauses in the lease agreement regarding maintenance and inspections. The clause regarding maintenance should include a list of the tenant’s responsibilities, including the duty to report problems requiring landlord action. The clause regarding inspections should state that there will be periodic inspections by the landlord or by his/her agent, the approximate frequency of inspections, and the manner (method of communication and amount of advance notice) in which the landlord will schedule a proposed inspection date.
The importance of regularly scheduled inspections is emphasized by including such language in the lease agreement and statement of rental policies. This helps to reinforce the tenant’s responsibility to take good care of the rental premises and to promptly report any items needing service. The tenant should be made aware that certain annual inspections may be required for compliance with state landlord-tenant statutes and/or municipal codes for fire, safety, health, environmental and/or other reasons such as local landlord/rental properties registration and licensing.
Inspections can result in discovering other problems which might require a violation notice to the tenant, a business decision to not renew the tenant’s lease, or a cause for an immediate eviction.