Have you ever struggled with a negotiation on whether a landlord or the tenant should be responsible for any repairs, and found that it never goes the way that leaves you at peace? Fret not, you are not alone.
Negotiating repairs responsibilities is a common pain point in landlord-tenant relationships. Tenant often try to impose repair duties on the landlord for their own convenience, avoiding the hassle and expense of handling repair themselves. Meanwhile, landlord typically expect tenant to take care of minor issues to maintain the property's condition. This conflict often leads to misunderstanding and disputes.
In tenancy agreements, it is generally stipulated that landlords are responsible for major structural defect like leakages, piping and electrical wiring (unless caused by tenant negligence). However, repair responsibilities can range from minor tasks like replacing batteries in a stove, which might cost less than RM 20, to more significant repair like replacing an air conditioner's compressor.
To avoid these dispute, a clearly defined minor repair clause in tenancy agreement is essential. But how should this clause be drafted to stipulate each party's responsibilities clearly?
Why You Need a Minor Repair Clause
A minor repair clause serves to:
1) Clarify Responsibilities: It explicitly outlines what constitutes a minor repair and who is responsible for these repairs under the tenant or landlord covenenant. This clarity helps both parties navigate their obligations and avoid disputes.
2) Prevent Misunderstandings: By detailing the types of repairs the tenant is expected to handle, the clause helps prevent misunderstanding that can arise from differing expectations.
3) Save Time and Money: Clearly defined responsibilities ensure that minor issues are promptly addressed without unnecessary delays, saving both time and money for both parties.
Drafting an Effective Minor Repair Clause
When drafting a minor repair clause, consider the following:
1) Define Minor Repair: Clearly specify what constitutes a minor repair. This might include task like replacing light bulb, fixing leaky faucets, and replacing batteries.
2) Set a Cost Limit: Establish a cost threshold for minor repairs. For example, any repair costing less than RM 500 could be deemed the tenant's responsibility.
3) Detail Tenant Responsibilities: List the specific repairs the tenant is responsible for, including any routine maintenance task like cleaning air conditioner filters and general servicing of it.
4) Outline Landlord Responsibilities: Clearly state that the landlord is responsible for major repairs, structural issues, and any repairs resulting from normal wear and tear or defects in the property.
5) Include a Reporting Mechanism: Provide a clear process for tenant to report repairs that fall under the landlord's responsibility. Ensure this process is straightforward to encourage timely reporting and resolution.
Conclusion
A well-drafted minor repair clause is crucial for smooth landlord-tenant relationships in Malaysia. It eliminates ambiguity, ensures prompt maintenance, and help maintain the property's condition. By clearly outlining repair responsibilities, both landlord and tenant can enjoy a more harmonious and hassle-free tenancy.
Disclaimer:
The information provided in this blog post, along with the free tenancy agreement sample, is intended to serve as a general guide only. It is not legal advice and should not be used as a substitute for professional legal consultation. A tenancy agreement is a legally binding document, and we strongly recommend that you consult a qualified lawyer or legal professional to draft or review your agreement to ensure it complies with all applicable laws and regulations.
By using this guide and sample, you acknowledge that we are not responsible for any errors or omissions, nor any legal consequences that may arise from using the provided materials without seeking professional legal advice.