🏠 Landlord vs. Tenant
Single-Family · Duplex · Townhouse
What’s the Same—and What’s Different?
One of the most common questions property owners ask is:
“Is this my responsibility, or is it the HOA’s responsibility?”
Especially during the winter season, maintenance and damage issues arise more frequently.
Responsibility can vary depending on the type of property, so understanding these differences in advance is essential.
🔍 Items That Apply to Almost All Property Types
1️⃣ Frozen Interior Pipes
(Lease Agreement Review Required)
For frozen pipes, the first step is always to review the lease agreement to determine shared or assigned responsibility.
- If the lease states that the tenant is responsible for maintenance, the landlord cannot avoid responsibility if the damage was caused by the tenant’s failure to properly manage heat or water use.
- However, pipes located in:
- Garages
- Basements
- Exterior walls
- Main interior plumbing systems
are almost always considered the owner’s responsibility.
2️⃣ Heating Systems & Venting
Each unit’s boiler, furnace, and venting system—including blocked exhaust—are safety-related issues.
👉 These are the unit owner’s responsibility, almost without exception.
3️⃣ Interior Water Damage
- Ceiling water stains
- Mold on walls
- Interior moisture damage
Even if the source of the leak is external (roof, exterior wall, etc.),
damage inside the unit is generally considered the unit owner’s responsibility.
🏡 Responsibility by Property Type
① Single-Family Home
👉 Owner is responsible for everything
There are very few exceptions.
- Roof
- Gutters
- Foundation
- Exterior walls
- Decks
- Stairs
“From the roof down to the foundation, it is all the owner’s responsibility.”
After heavy snowfall, a full property inspection is strongly recommended.
② Duplex (2-Family Home)
👉 Shared structure, separate interior responsibilities
(Very common in Bergen County)
Typical structure:
- Roof / exterior walls / foundation / gutters
→ Owner or jointly shared responsibility - Interior plumbing and HVAC
→ Each unit’s responsibility
⚠️ Common dispute scenario:
- Leak from the upper unit
→ Damage to the lower unit’s ceiling
→ Responsibility disputes → insurance claims
Ice dams are not a single-unit issue.
They are considered a building-wide structural problem.
In duplex properties, what appears to be “my unit’s problem” is often
actually a building-level issue, so careful evaluation is critical.
③ Townhouse (HOA)
👉 The most confusing structure (Bergen County 기준)
Typical townhouse responsibility:
- Roof / exterior walls / foundation / gutters
→ HOA responsibility - Interior plumbing / heating & cooling / interior damage
→ Unit owner responsibility
🔎 Balconies & decks:
- May be HOA responsibility or
- May be unit owner responsibility
👉 HOA bylaws must be reviewed carefully
Many owners assume,
“The HOA will cover everything,”
but in reality, interior damage is often the owner’s responsibility.
Delayed HOA response can result in:
- Transaction delays
- Additional costs
- Disputes
👉 Always confirm HOA coverage limits first.
Interior plumbing, heating systems, and interior damage are very likely the owner’s responsibility.
✍️ Final Takeaway
✔ Review the lease agreement
✔ Confirm HOA coverage boundaries
✔ Separate cause of damage from interior repair responsibility