The landlord's responsibility is to ensure that the property is in a reasonable good condition

Question
 
My new tenant complained that a switch wasn't working and insisted I bring in an electrician. The electrician told me the tenant hadn't turned on the switch. Who pays the call out fee in a case like this?

Me or the tenant? Can I deduct this amount from the deposit?

Answer

The landlord's responsibility is to ensure that the property is in a reasonable good condition to live in before letting it out, says Mike Spencer, Realestateweb.co.za guest columnist.

The tenant is responsible for keeping it in good order. If the tenant fails to turn on the electricity switch and gets the landlord to call an electrician, the tenant must therefore pay for the call out. Spencer says the landlord ought to send the tenant an account and insist the tenant pays it.

My advice for landlords is not to deduct it from their deposits because when they move out, and there is not enough funds in the deposit to cover the outstanding repairs or unpaid rental, it becomes a problem for the landlord, says Spencer.

He adds that landlords should always have a written lease that sets out clearly the responsibilities of the tenant. The landlord can also let out the property through a good managing agent who will have list the tenant's responsibilities in the lease and would ensure that the landlord fixes what they should and the tenant does what is expected of them.

Extensive checks should be done on prospective tenants before a property is let out to them. Get rid of problem tenants as soon as possible, he says.

Spencer says it is important for a landlord to inspect the property together with a tenant when they move in or move out. This will assist the landlord in cases where the tenant asks the landlord to fork out money for a call out when in fact they were at fault in the first place. He says a landlord should make a note of all repairs attended to during the course of the lease. -denise@realestateweb.co.za