I sold my house and I'm renting it back for 4 months. It worked best for both the buyer and myself to have this agreement. Since I'm renting, who is responsible for paying for the maintenance of the house? The dishwasher recently stopped working correctly. I'd like to call a professional to fix it. I think it's the responsibility of the new buyer to pay for the fix, but the buyer is refusing and says it's on me.
Asked by Jerome | Hartford, CT| 12-16-2024| 641 views|Renting|Updated 1 year ago
This depends entirely on what your post-closing occupancy agreement or leaseback agreement says. The answer is in that document, and both sides should have signed it before or at closing.
In most standard rent-back agreements, the seller-turned-tenant is responsible for day-to-day maintenance and minor repairs during the occupancy period, similar to a regular lease. The logic is that you're living there, using the appliances, and the normal wear and tear is on you. The buyer, as the new owner, is typically responsible for major systems and structural issues, things like the roof, HVAC failure, plumbing emergencies, and yes, potentially a major appliance breakdown depending on how the agreement is worded.
A dishwasher that stops working correctly falls in a gray area. If it was functioning at the time of sale and broke during your occupancy, the buyer could argue it's your responsibility because it happened on your watch. If it was already showing issues and was disclosed or noted during the inspection, the buyer has a weaker case for pushing it back on you.
Pull out your leaseback agreement and read the maintenance and repair section. If it's silent on appliance repairs, that's a drafting problem and you'll need to negotiate it out between yourselves. If it assigns maintenance responsibility to the tenant, the buyer may be right. If it follows a standard landlord-tenant framework, the owner is typically responsible for keeping appliances that came with the home in working order.
For four months, this isn't worth a legal battle. If the agreement is genuinely unclear, splitting the repair cost and moving on is probably the most practical path. For anyone reading this who hasn't done a rent-back yet, this is exactly why the agreement needs to spell out who handles repairs, maintenance, utilities, insurance, and what happens if something breaks during the occupancy period.
Completely depends on your rent back agreement. Typically, a rent back is given as a courtesy so I can see how the new owner has become annoyed.
Keith Jean-Pierre
Managing Principal
The Dapper Agents
Operations In: NY, NJ, FL & CA
Look at the rent-back agreement first. That document should say who handles repairs, maintenance, appliances, utilities, damage, and emergencies.
In a normal rental, the owner usually handles major systems and appliance repairs unless the tenant caused the damage. But rent-backs can be different because they’re private agreements tied to the sale.
Don’t just pay for it or start repairs without written approval. Send the buyer a written repair request, point to the agreement, and ask the escrow/title company, your agent, or an attorney to clarify if the contract is vague.
During a post-closing rent-back, the buyer becomes the owner, but the seller (now tenant) typically covers day-to-day maintenance and utilities during the rental period. The agreement should outline responsibilities for repairs and upkeep to avoid confusion.
Hi Jerome -- if you sold the home and you are staying there for 4 months -- renting -- then the new owners are your "landlord" while you are living there and paying rent. That would be on the Sellers. Of course, it could get sticky since you "sold" them the house -- very recently. As a good faith effort -- I would just pay for the repair.