When looking to rent or buy a property in Costa Rica there is often confusion about the benefits of renting vs. buying property. One of the key points in this consideration is: Who is in charge of the maintenance of a rented property in Costa Rica?
One of the advantages of renting instead of buying is that the maintenance of the property is mostly the responsibility of the owner and not the tenant. For example, if there is a leak in one part of the house, the tenant only has to call the landlord to pay for it and send someone to fix it.
The tenant is responsible for the preservation of the property, such as taking out the garbage, trimming the grass and keeping the place clean and tidy.
Most leases require that a property must be returned in the same condition as it was in at the beginning of the lease term. If any damage is discovered or cleaning is required to return it to a customary condition, the expenses may be deducted from the security deposit.
Occasionally, some tenants are not aware of their responsibilities with the property, when it is their obligation and when it is not.
One tip for properly maintaining the property is to outline the expectations of each party in the lease signing process and providing a disclosure document as part of that process.
Maintenance responsibilities should be outlined in the lease so everyone involved can understand the contractual obligation regarding this issue. Including maintenance expectations also empowers landlords in the event that tenants damage the property and refuse to pay for repairs.
Most leases and landlord-tenant laws say that if a tenant causes damage to the property, he or she will be responsible for funding repairs.
Common damage that could be caused by a tenant and repaired with tenant funds includes broken windows, holes in the wall or damaged carpeting.
Tenants are not responsible for fixing problems such as leaky roofs or cracked foundations, but are obligated to inform them so the owner can make proper repairs and prevent additional damage.
Property maintenance may also become a shared responsibility between the landlord and tenant, and the details should be outlined in the lease.
- Landlord: must maintain these systems in good condition and correcting them may be the landlord’s responsibility.
Tenant: responsible for using them properly and reporting any problems to prevent further damage. The residential lease may also assign responsibility for keeping pipes clean and replacing air filters as needed to the tenant. As an example of tenant vs. landlord residential maintenance.
- Landlord: are generally obligated to provide and maintain safety features and replace or repair them as needed.
- Tenant: the lease may require tenants to replace batteries and test these systems to ensure they are working properly.
- Landlord: Landlords are usually assume responsibility for pest control if there is an infestation.
- Tenant: must keep the property sanitary to prevent any infestation. If the tenant fails to maintain a clean home, the landlord can deduct the amount paid for pest control in this case. May deduct the amount paid for extermination from the tenant’s security deposit under the lease.
Landscaping:
Landscaping requirements may fall on the property manager, the landlord or the tenant under the lease.
- Landlord: The landlord must keep all common areas of a multi-unit residential property safe and clean,
provide dumpsters and arrange the regular trash pickup. Elevators and other common use systems also fall under the landlord’s area of responsibility.
- Tenant: Tenants are required to follow the property rules regarding cleaning in common areas.
The maintenance and repair aspects of a property should always be discussed during the lease process, while the property is being negotiated, to help avoid conflicts during the lease. The contract will be the final word, however asking all the questions you may have, can build a better landlord-tenant relationship. A good real estate consultant can help you discuss these issues with the tenant.
