Tenant pays for after-hours calls deemed non-emergency
Charging for non-emergency after-hours calls is fair — but 'emergency' needs clear definition. Burst pipes = yes; dripping faucet = no.
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What it actually means
After-hours service calls cost landlords extra. If you call at 2am for a minor issue, paying a fee is reasonable.
The risk: landlords may retroactively call your emergency 'non-emergency' to charge you. Get the definition in writing.
What it looks like in a lease
"If Tenant requests after-hours service for an issue deemed non-emergency, Tenant shall pay the service call fee."
What to watch for
- Definition of emergency
- Who decides
- Fee amount
How to negotiate it
'Please define emergency explicitly: flood, fire, no heat in winter, gas leak.'
When it crosses into a red flag
- Landlord decides retroactively
- Fee exceeds $200
Frequently asked questions
What counts as an emergency?
Typically: no heat in winter, flooding, gas leak, break-in, fire damage. A clogged toilet at 3am is borderline.
Related clauses
General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.
