Maintenance happens; this is the reality of Park City property management. However there are certain types of situations, which by their nature are emergencies. As a landlord there a few important tips and laws you should know when it comes to emergency property maintenance. I have previously written about basic maintenance laws in my post "Maintenance Laws For Park City Property Management" which you can read here. This post explains some of the laws surrounding basic property maintenance as well as introducing the Fit Premises Act. This is the governing act in Utah property management when it comes to maintenance standards and requirements. If you are involved in Park City property management you should become familiar with the act and the requirements for both landlords and tenants. Today however I would like to deal with first tips and then laws on emergency maintenance.
Setting Expectations
As with many other facets of Park City property management, the initial setting of proper expectations is the first step on the road to an excellent relationship with your tenants. Having a frank conversation about what constitutes an emergency is important. This is also a good time for some self-evaluation of your ability to respond to emergencies as a landlord. If you feel you cannot do so it is probably best for you to hire a property manager. If you are up to the challenge then spell out what is or is not an emergency. Something like a leaking or broken water pipe is definitely an emergency, both for the damage the water can cause and the necessity of shutting of the water for repair. Tenants should be familiar with where the water shut of is and notify you immediately. Gas leaks are also an emergency. Tenants should know to leave the property first and know where the gas meter is. Last summer we had a riding lawn mower strike a gas meter and punch a large hole in the case. Even though it was outside it was necessary to go door to door in the surrounding buildings and have residents open their windows and turn off all potential spark sources. A broken heater would also constitute an emergency depending on the time of year. It may not be a rush repair in July but for Park City property management when we hit negative temperatures on a cold January night it must be taken care of immediately. Obviously fires and floods should be reported to the proper authorities along with the landlord but less obvious things like electrical problems should also be dealt with quickly to avoid creating fires.
Standard Of Habitability
Standard of habitability is a term found in the Fit Premises Act and helps to explain what could be considered an emergency. If the defect in the property violates a standard of habitability and presents a threat to the physical health and safety of a tenant then a corrective period of 3 days is required by law. Things like broken windows, exposed electrical wiring, exterior doors that cannot be locked or secured, improperly flowing or clogged drains and plumbing, along with all of the items listed above would constitute a violation of the standard of habitability. Should a tenant report any of these types of maintenance items you are legally required to correct the deficiency with 3 days of its report. There are also requirements related to a "dangerous condition" which is defined as a condition that poses a substantial risk of the imminent loss of life or substantial physical harm. By law a dangerous conditions must be repaired with 24 hours of its report.
If you would like more information on emergency maintenance laws and tips, or any of our Park City property management services please click on the link below for a free consultation. You will be given valuable information about your property as well as a no-obligation quote on our property management services.
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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".
