How to Handle Emergency Maintenance Requests After Hours

How to Handle Emergency Maintenance Requests After Hours 

Emergency maintenance requests can be a major source of dread and stress for landlords. While some after-hours maintenance is inevitable, the right systems can help reduce the number of emergency calls and ensure that emergency repairs are handled well. 

In this article, we’ll provide step-by-step instructions for handling after-hours maintenance calls, define what is considered an emergency, and give you best practices for a rental property emergency plan. 

Ready to create effective emergency maintenance systems? Customize an Emergency Repairs Addendum to attach to all of your lease agreements. 

What Should a Landlord Do When an Emergency Maintenance Call Comes In? 

Landlords need a plan for dealing with emergency calls. Here’s a quick checklist to follow: 

1. Prioritize safety. Depending on the situation, the tenant may need to evacuate and call 9-1-1. Your first step is to take any necessary steps to ensure the tenant and others nearby are safe. 
2. Determine whether it’s a true emergency. An emergency poses an immediate threat to people, poses an immediate threat to the property, or makes the rental unit unsafe or uninhabitable. If it’s not a true emergency, you can follow up with the tenant during the next business day; if it is an emergency, take immediate action. 
3. Take steps to limit the damage – for example, shutting off the water or turning off electricity to a faulty wire. 
4. Call the necessary professionals. Landlords should promptly take all reasonable steps to resolve the problem as quickly as possible. 
5. Document the process. Keep records of the date and time the initial call was received and all subsequent actions, calls, and steps taken to address the issue. 
6. Communicate with the tenant. Ensure the tenant knows what to do to stay safe and limit damage. Let the tenant know the steps you’re taking to resolve the issue. Communicate updates and check in with the tenant once repairs are completed. 

What Counts as a Rental Emergency 

Emergency calls can be a point of tension between landlords and tenants because they often have different definitions of what an emergency is. The best way to avoid this confusion is by addressing emergency repairs at the start of the tenancy. Talk with tenants about what is considered an emergency and provide tenants with examples of emergencies. 

A rental emergency is anything that: 

1. Poses an imminent threat to the health and safety of the tenant or others. 
2. Poses an imminent threat of property damage. 
3. Makes the rental unit uninhabitable or unsafe. 

Some common examples of rental emergencies requiring after-hours maintenance are: 

• Gas leak
• Live electrical issues 
• Smoke or fire
• Burst pipe
• Sewage backups 
• No heat during cold weather
• No air conditioning during extreme heat 
• An exterior door that is damaged and cannot close or lock 
• Serious structural damage 

In contrast, some issues that are not rental emergencies are: 

• Dripping faucet
• Broken dishwasher
• Slow drain (that is not flooding) 
• Cosmetic repairs
• Minor appliance issues 

As a general rule, a landlord should ask: can it wait until tomorrow without posing a health or safety threat, putting the tenant at risk, or putting the property at risk? If the answer is yes, it’s probably not an emergency. That said, when in doubt, err on the side of caution and respond to emergency maintenance requests. 

Landlord Right of Entry During a Rental Emergency  

Yes, in most states, a landlord may enter a rental property without notice during an emergency. However, when doing so, the landlord should: 

1. Limit entry to the emergency issue. Only access parts of the property that you need to in order to address the issue. 
2. Notify the tenant of your entry as soon as possible. 
3. Document the process, including the time and reason for entry. 

Landlord Habitability Repairs and Obligations: What You Need to Know

Almost all landlords are required to comply with the implied warranty of habitability. This means keeping rental units safe, structurally sound, and habitable. Landlords must ensure tenants have access to essential services (plumbing, electrical, water), keep systems and appliances in good repair, keep structural components in good condition, and address any pest infestations or hazardous conditions. 

While landlords have a duty to ensure rental units are habitable and make timely repairs, not all maintenance issues are considered emergencies. State and local laws determine the time frame landlords have to make repairs. Some states have specific timelines while others require landlords to make repairs in a “reasonable” amount of time. 

Landlords should review local and state repair requirements to ensure compliance with repair timelines and ensure they’re meeting their ongoing responsibility to keep units safe and habitable. 

Best Practices for Preventing and Handling Emergency Maintenance Requests

Good systems for maintenance can reduce the number of emergency maintenance requests and reduce stress when emergencies do happen. Here are some best practices for landlords to implement at the start of a tenancy:

1. Have a plan for dealing with emergencies. Before the tenant moves in, go over emergency issues. Discuss what constitutes an emergency and how to handle it. Ensure the tenant has an emergency contact number. 
2. Prioritize safety. Educate the tenant on what to do when there’s a life-threatening emergency like a fire or gas leak. 
3. Stay on top of preventative maintenance. One of the best ways to reduce emergency calls is to keep your rental unit in good condition. Address small repairs before they become major ones and encourage tenants to report any maintenance issues. 
4. Know who to call. As a landlord, you want to have a list of trusted providers you can call in an emergency. If you get an after-hours maintenance request from a tenant, you want to know exactly who you will call to handle it. Have a trusted plumber, HVAC professional, and electrician on file. In addition, know local emergency numbers to report issues like a gas leak or downed power line. 
5. Document the process. Keep records of all calls, actions, texts, service reports, and invoices. If conflicts arise, you need documentation to show the steps you took to address the issue. 
6. Communicate with the tenant. Give your tenant updates throughout the process, keeping them informed of your entry, expected repair time, and the actions you’re taking to fix the issue. After the repair is made, follow up with the tenant to ensure everything is resolved. 

What to Include in a Written Emergency Maintenance Plan 

A strong emergency maintenance plan makes it clear what is considered an emergency, who the tenant should contact in an emergency, and what step to take during an emergency. In addition, it should provide relevant contact numbers – like a gas leak contact, non-emergency police line, or a utilities outage reporting number. 

A simple way to communicate this information is to include it in an Emergency Repairs Addendum that you attach to your lease agreement. You can customize this addendum to provide specific information about who to contact in an emergency and who to contact for non-emergency repairs. It’s a good way to proactively address emergencies and ensure your tenants know how to handle them if they arise. 

Frequently Asked Questions About Emergency Maintenance Requests and After-Hours Maintenance

What Qualifies as an After-Hours Maintenance Emergency?

A maintenance issue that poses an immediate threat to individuals or the property is an emergency request. Any issue that cannot reasonably wait until the next business day should be considered a maintenance emergency. Examples include a burst pipe, a carbon monoxide alarm, an electrical hazard, smoke, or sewage backup. 

How Long Does a Landlord Have to Make Emergency Repairs?

There is no set timeframe for dealing with emergency repairs – the response time varies based on state law, the type of emergency, the severity of the emergency, and local codes. As a general rule, landlords should act promptly and reasonably. Landlords should respond to emergency maintenance issues immediately and take reasonable steps to protect tenants and the property.  Repairs should be completed as quickly as reasonably possible. 

Do Landlords Need a 24-Hour Maintenance Line? 

Landlords do not have to have a 24-hour maintenance line, but they do need to have a method for tenants to report after-hours emergencies. This could be an emergency contact number, an answering service that receives, screens, and directs calls, or a property manager’s emergency line. 

Can a Landlord Enter a Unit Without Notice During an Emergency? 

Yes, a landlord can generally enter a unit without providing notice to enter during an emergency to address an issue that presents a health and safety threat or risk of property damage. However, landlords should give tenants notice as soon as reasonably possible and limit their entry to what is needed to address the emergency. 

What Should Tenants Do if There’s a Fire or Gas Leak? 

In the event of a fire or gas leak, tenants should leave the rental unit immediately and get to a safe place. Once safely evacuated, tenants should call 9-1-1 or an emergency utility number. Tenants should warn nearby occupants or others who might be in harm’s way. Tenants should not return to the property until cleared to do so by emergency personnel. 

What Happens if a Landlord Ignores an Emergency Maintenance Request? 

When landlords ignore an emergency maintenance request they can be exposed to liability, increased property damage, insurance issues, and tenant disputes. It’s vital that landlords respect tenant emergency repair rights to avoid safety and habitability risks, property damage, and legal exposure. To ensure they’re protected, landlords should always acknowledge emergency requests, assess the situation, take reasonable steps to address the issue, and document all actions taken. 

Landlord Takeaways: Emergency Maintenance Requests 

Landlords need to be proactive about dealing with rental unit maintenance. Stay on top of preventative maintenance and address small repairs as soon as possible. But even with the best maintenance practices, emergencies will happen. 

Before they do, have a plan in place so the tenant knows exactly what to do and who to call. Good property management systems help keep tenants safe, ensure landlords comply with all tenant emergency repair rights, and reduce the risk of property damage.