Maintenance Laws For Park City Property Management
I often like to tell my friends or associates who are renting a property if they have too much time on their hands they should buy a house. With any property comes maintenance, whether you manage a property on your own or use a Park City property management company. And knowing that every renter or owner will come across this issue at some point I feel it is a good idea to cover the legal requirements as well as best practices when it comes to handling maintenance requests for rental properties.
Owner's Responsibility
In Utah the most complete definitions of responsibility for both an owner and a renter can be found in the Utah Fit Premises Act, adopted by the Utah legislature in 1990. Generally the law requires that an owner "shall maintain that unit in a condition fit for human habitation and in accordance with local ordinances and the rules of the board of health having jurisdiction in the area in which the residential rental unit is located." The act also spells out specific items that an owner is responsible for maintaining, these items are sometimes called habitability items or items that are essential to a standard of habitability. The owner may not rent a property
unless it is "safe, sanitary, and fit for human occupancy" and is specifically required to maintain electrical systems, plumbing, heating, hot and cold water, and air conditioning systems if they are installed in the property. The act calls for maintaining of any appliances or facilities specifically mentioned in a lease and common areas of a residential property. However if the property is a condominium this may be taken care of by a Utah property management company and paid through HOA fees. As long as these conditions are not caused by the renter, their family or guests, or a use of the property that violates the rental agreement or applicable laws the condition is legally termed a "deficient condition". If a deficient condition exists in the standards of habitability a corrective period of three days is given for an owner to take substantial action towards a repair once the owner has been notified. If the maintenance item poses a risk of loss of life or physical harm the corrective period is shortened to 24 hours. The Fit Premises Act also states that it (the act) does not apply to "breakage, malfunctions, or other conditions which do not materially affect the physical health or safety of the ordinary renter." This is not to say that if something doesn't affect the safety of a renter then an owner is not responsible for fixing it!
Renter's Responsibility
The Fit Premises Act also spells out specific requirements for renters when inhabiting rental properties. A renter is required to "maintain the premises occupied in a clean and safe condition", properly dispose of garbage and waste in a safe manner, use all electrical, heating, plumbing, and other facilities in a responsible matter. A renter is also required to maintain plumbing fixtures in as sanitary a condition as the fixtures will allow. A renter may not "intentionally or negligently destroy, deface, damage, impair, or remove any part of the residential rental unit or knowingly permit any person to do so". A renter cannot unreasonably deny access or refuse entry to an owner or their agent who is attempting to make repairs. Also specifically mentioned are a renter’s requirements to remain current on rent payments and to not interfere with the peaceful enjoyment of the rental property or other renter's enjoyment. I cover the idea of peaceful enjoyment in another blog post: Nuisance! Definition And Info For Rental Property Management.
Best Practices
When it comes to maintaining a property there are a few simple steps that can go a long way towards creating and maintaining good renter/owner relations. As an owner you should keep in contact with your tenant through the repair process and provide them with updates as the situation progresses. This lets the renter know the problem is being taken care of and that you are a responsible landlord. For tenants being willing to undertake small repairs on your own time and at your own cost lets a landlord know you are interested in the upkeep of their property. If you are interested in learning more about Park City l property management download our free white page "5 Questions Every Landlord Should Ask Themselves".
