Is it legal for landlords to charge tenants for home warranty service call fees?

I’m a landlord and have a lease agreement that I drew up with a friend that has owned several properties here and out of state. He had in the lease that the tenant pays for home warranty service calls. I did the same. My tenant is now gently disputing the legality of her responsibility for payment for these calls. Is it illegal for me to charge her?

Asked on February 24, 2012 under Real Estate Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When you say home warranty services do you mean for things like air conditioning, plumbing, heating, water heater, etc.?  Those services are part of the landlord's responsibility to make sure that the home is habitable.  A problem with those type of systems that would call for repair breaches the warranty of habitability and they are generally the responsibility of the landlord under the law. Unless the tenant caused the problem I doubt it is legal to charge them here.  Good luck.


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