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Q: Am I liable for repairs on a property I own but don't live in?
I am listed on the deed and mortgage of a property I no longer live in, having moved out three years ago. The current inhabitants, who are not paying rent and who handle the mortgage payments, require repairs and renovations. There are no legal agreements in place concerning maintenance responsibilities. Am I legally obligated to pay for the repairs and renovations under these circumstances?
A:
The mortgage that you signed most likely requires that the property be maintained. If there is no agreement with the tenants that they need to do maintenance and repairs, then that is your responsibility as the owner.
It is not clear what you mean by "renovations", which sounds like improvements to the property separate from any necessary repairs or maintenance. You do not need to authorize or pay for improvements or upgrades.
I recommend having a written agreement with the tenants that details these issues.
A:
As the legal owner on title and mortgage, you retain the ultimate responsibility for the property’s condition and for complying with any local building- or health-code requirements. That means if the structure falls into disrepair—leaks, mold, unsafe wiring—you remain on the hook for code-mandated repairs whether you live there or not.
However, because you have no lease or written agreement with the current occupants, you’re not obliged to foot the bill for voluntary upgrades or renovations they decide they need. Those occupants, by handling the mortgage payments and living there rent-free, have effectively assumed a license to occupy—but they can’t shift the cost of repairs back onto you without your written consent.
Your best move is to serve a formal eviction notice to remove the non-paying occupants, secure control of the premises, and then either hire contractors yourself or demand reimbursement from anyone allowed to remain. Once the house is vacant, you can decide whether to invest in repairs, place a proper tenant under a lease that clearly allocates maintenance duties, or sell the property “as-is.”
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