Understanding Responsibilities for Repairs in Leasing Agreements in Cambodia

When leasing a property in Cambodia, one of the most crucial aspects both lessors (landlords) and lessees (tenants) need to address is who is responsible for repairs and maintenance. Unlike some countries that have clear regulations governing this aspect of leasing agreements, Cambodia operates quite differently. There isn’t a single law in Cambodia that directly dictates maintenance costs, but rather, responsibilities are determined by the discussions and agreements between the landlord and the tenant. Here’s a breakdown of how these responsibilities are typically handled, along with some useful tips and FAQs.

Typical Division of Responsibilities

Landlord’s Responsibilities

• Building Systems: The landlord usually takes care of the building’s electrical system, mechanical system, plumbing system, and the physical structure such as unseen electrical wiring and water pipes within the walls. These are areas tenants cannot visually inspect or maintain themselves.
• Structural Integrity: Responsibility for any repairs to the structure of the building typically falls on the landlord. This includes both visible and hidden elements, like walls and foundational aspects.

Tenant’s Responsibilities

• Damage Due to Negligence: The tenant must bear full responsibility for any damage resulting from their negligence.
• Routine Maintenance: Day-to-day maintenance and minor repairs often fall on the tenant, as do any repairs or replacements needed due to misuse or neglect.

Insights on Rental Costs and Maintenance

In other countries, specially Western countries, landlords are responsible for the repair and maintenance of all equipment provided in a leased property. Rental prices in these countries often include an amount of money allotted for the repair and replacement of equipment and inventory items. This practice is one reason you don’t typically see a 2-bedroom house renting for as low as $300 per month as you might in Cambodia. The low rental prices in Cambodia largely stem from the fact that most property owners do not factor in the cost of repair and replacement into their rental rates.

Variations in Agreements

Complete Responsibility by Landlords

Some landlords may opt to take full responsibility for all repairs not caused by the tenant. They might also prohibit tenants from carrying out any repairs or calling in outside contractors, preferring to handle all repairs themselves.

Warranty Period

In some cases, landlords may provide a warranty period—typically around three months—during which they will cover any repair costs not due to tenant negligence. After this period, maintenance and repair responsibilities commonly shift to the tenant.

Limited Landlord Responsibility

Other landlords limit their responsibilities strictly to the structure of the building and any unseen electrical wiring and water piping. This means tenants would have to take care of other aspects of maintenance and repair.

Negotiation and Agreements

Prior Inspection

Before signing a lease, inspect the property thoroughly. Identify any items or systems that seem like they might require repairs soon and ask the landlord to address these issues before finalizing the lease.

IPS Assistance

If certain terms seem unsatisfactory, IPS staff are available to help negotiate better terms. Different landlords have varied levels of flexibility, especially in a competitive rental market.

FAQs

Final Thoughts

Clear agreements about maintenance responsibilities are key to a smooth leasing experience. Whether you’re an expat or a local tenant, being proactive during negotiations ensures you’re well-prepared. For any concerns or negotiation assistance, don’t hesitate to reach out to IPS for professional support.