Whether you’re a landlord or tenant, knowing your unique repair and maintenance responsibilities for rental properties is necessary for keeping a safe and livable rental environment. While tenants are responsible for damages they inflict, minor repairs, and routine maintenance, landlords complete more major structural repairs and uphold essential systems and utilities.
In this article, we will differentiate between landlords’ and tenants’ responsibilities regarding maintenance and repair work, discuss gray areas, and provide options for resolving disputes.
Legal Responsibilities of Landlords
Under the implied warranty of habitability, landlords have a legal obligation to create a habitable living space for their tenants. [1] They must ensure the property complies with the applicable local housing and building codes and health and safety standards.
To fulfill the implied warranty of habitability, landlords must complete the following maintenance and repair work:
1. Major Structural Repairs
Landlords must repair damages to the rental property’s structural elements, such as the doors, roof, floor, walls, and foundation. They should address leaks, cracks, or pest infestations that compromise the structure’s integrity and stability. The landlord must cover the cost of the repairs if the damage occurs due to deterioration over time or natural disasters.
Landlord Repair Notice to Tenant
A landlord should issue a repair notice to the tenant to inform them of the work that will be performed.
2. Essential Systems & Utilities
Landlords must maintain and repair the rental property’s heating, plumbing, and electrical systems to confirm they function properly. They should regularly service and inspect these systems and promptly address any issues. Furthermore, landlords must provide adequate water pressure and hot water and ensure the unit’s electrical wiring is safe and up to code.
Even though landlords are responsible for these repairs and maintenance tasks, the tenant may be liable for their costs if the damage results from the tenant’s negligence or misuse.
3. Healthy & Safety Measures
Landlords must do everything possible to ensure the unit meets health and safety standards. For example, they should include smoke detectors in the unit and confirm their functionality. They must also provide adequate waste disposal methods through garbage disposal facilities.
4. Common Area Maintenance
If a landlord owns a building with common areas, they must maintain them for the tenants’ safety and enjoyment. For example, they should address repairs, remove hazards, and ensure the space is safe for tenants. Common areas that landlords must maintain include shared amenities, hallways, stairwells, and lobbies.
What If Landlords Fail to Make the Necessary Repairs and Maintenance?
If a landlord fails to make the necessary repairs and maintenance, the following recourse options may be available. Tenants must only take these actions if permitted in their jurisdiction, so they must review the applicable laws beforehand.
- Notify the landlord.
- Withhold rent.
- Make the repairs themselves and deduct the costs from their rent.
- Sue the landlord for a breach of contract.
- Claim constructive eviction.
- Report the issue to a local health or safety authority.
- Terminate the lease.
Tenant Repair Responsibilities
While landlords are generally responsible for major repairs, they aren’t solely in charge of keeping the unit habitable. Tenants also have responsibilities to assume, some of which include the following:
1. Minor Repairs
Tenants must perform basic repairs in their rental units. Some tasks they must complete include changing light bulbs, replacing batteries in smoke detectors, and unclogging drains caused by their use.
2. Basic Cleaning & Maintenance Tasks
Tenants must keep their living spaces clean and tidy to prevent pest infestations and maintain a healthy living environment. They should also prevent mold growth, use HVAC, electrical, and plumbing systems properly, and follow proper garbage disposal procedures.
3. Tenant-Caused Damages
If a tenant (or one of their guests) causes damage to the rental property beyond normal wear and tear, they are responsible for repairing or paying for the damage. Damages incurred by the tenant include accidents like broken windows or pet stains.
Tenants should always report accidental damage to their landlords and discuss how to address the issue. In some cases, the landlord may allow the tenant to address the repairs themselves. In other cases, the landlord may prefer to hire a professional and deduct the cost of their services from the tenant’s security deposit.
Tenants' Failure to Report Damages
A tenant’s failure to report damages may fall under tenant-caused damage. If a tenant doesn’t report an essential repair in a timely manner, it may become their financial responsibility to fix it, as they’re responsible for communicating issues with their landlord.
4. Cosmetic Repairs
While major cosmetic changes to the rental property require landlord approval, tenants may be responsible for minor cosmetic repairs. For example, if a tenant hangs pictures on the wall and leaves holes, they should fill them in before moving out. Similarly, if they paint the walls a different color with the landlord’s permission, they may be required to repaint them back to the original color at the end of their tenancy.
Normal Wear and Tear vs. Damage
When determining who’s responsible for what maintenance and repair tasks, it’s helpful to consider normal wear and tear vs. damage:
Normal Wear & Tear
Normal wear and tear refers to the natural deterioration of a rental property over time. It generally includes the expected breakdown of the unit, so a landlord may not hold the tenant responsible for it.
Some examples of normal wear and tear include the following:
- Minimal paint chipping
- Carpet thinning
- Worn grout
- Loose doorknobs
- Peeling wallpaper
- Faded paint
Damages
Damage refers to the result of intentional or negligent acts that worsen the condition of the rental property. The landlord doesn’t expect damages to occur, so they typically hold the tenant responsible for them. Some examples of damages include the following:
- Heavily stained carpets
- Excessive wear on appliances
- Broken windows
- Ripped upholstery (in furnished apartments)
- Cracked tiles
- Burn marks on surfaces
- Deep floor scratches
Gray Areas and Negotiable Repairs
When it comes to repairs and maintenance in a rental property, there are some gray areas where the responsibility may not be clearly defined. In these cases, it’s important for landlords and tenants to communicate openly and agree on who will handle the repairs. Let’s explore some of these gray areas and how they can be negotiated.
1. Necessary Appliance Repairs
Appliances like refrigerators, stoves, and dishwashers can be a source of confusion when it comes to repairs. If the appliances were provided with the rental property, the landlord is typically responsible for their maintenance and repair. However, if the tenant caused damage to the appliance through misuse or neglect, they may be held liable for the repair costs.
Avoid disputes by ensuring the lease agreement clearly states which appliances are included in the rental and who is responsible for their maintenance. If an appliance breaks because of expected wear and tear, it’s the landlord’s responsibility to arrange for its repair or replacement in a timely manner.
2. Pest Control
Pest infestations can also be a tricky issue to navigate. In most cases, the landlord is responsible for providing a pest-free living environment at the start of the tenancy. This means taking preventive measures and addressing existing infestations before the tenant moves in.
However, if the tenant’s living habits attract pests or contribute to an infestation, they may be responsible for the cost of pest control services. For example, suppose the tenant’s failure to maintain a clean living space and dispose of garbage creates a pest problem. In this case, they may be liable for the extermination expenses.
To mitigate pest issues, landlords should conduct regular inspections and address potential entry points for pests. Tenants should also do their part by keeping the rental property clean and promptly reporting signs of an infestation to the landlord.
3. Outdoor Maintenance
Outdoor maintenance tasks, such as lawn care and snow removal, can be another area of negotiation between landlords and tenants. The responsibility for these tasks may fall on either party, depending on the terms of the lease agreement.
If the landlord expects the tenant to handle outdoor maintenance, they should clearly outline specific requirements or guidelines in the lease. In some cases, the landlord may offer a rent discount or other incentives in exchange for the tenant accepting these responsibilities.
Unauthorized Repairs
Tenants should be cautious about making unauthorized repairs to a rental property. Unauthorized repairs can include hiring a contractor without the landlord’s permission or making changes to the property without approval. Such actions can lead to financial liability or even eviction.
If a tenant identifies a repair need, they should always contact the landlord first to obtain permission. Landlords often have preferred contractors or specific repair methods, and tenants should respect these preferences.
If a tenant makes unauthorized repairs, the landlord may have the right to:
- Charge the tenant for the cost of the repairs.
- Demand that the tenant restore the property’s original condition.
- Evict the tenant for violating the lease’s terms.
By following the proper procedures and obtaining the landlord’s approval, tenants can avoid these potential consequences and ensure that repairs are handled appropriately.
Local Laws and Regulations
Local regulations and laws greatly impact landlords’ and tenants’ repair responsibilities. Some cities have specific ordinances that require landlords to provide working smoke detectors, maintain a certain level of cleanliness, or address other safety concerns.
Both landlords and tenants should familiarize themselves with local laws and regulations to ensure compliance. Both parties can:
- Research local ordinances and regulations.
- Consult with a lawyer or property manager.
- Review the lease to ensure it abides by applicable laws.
Understanding and following local regulations can help landlords and tenants avoid potential disputes and ensure they meet their respective responsibilities.
Resolving Disputes
Disputes over repair responsibilities can arise between landlords and tenants. When they do, it’s essential to resolve them quickly and fairly to maintain a positive relationship. Here are some steps to resolve disputes:
- Communicate: Both parties should openly discuss the problem and try to reach a mutual agreement.
- Review the Lease Agreement: The lease agreement should be the primary reference for determining who is responsible for the repair.
- Seek Mediation: If communication and reviewing the lease agreement do not resolve the issue, consider hiring a mediator to help facilitate a resolution.
- Legal Action: As a last resort, legal action may be necessary if the dispute cannot be resolved through other means.
Working Together to Create a Safe Living Space
Knowing their rights and obligations lets both landlords and tenants work together to maintain a safe and comfortable living space. This knowledge helps to create a positive rental experience and fosters a mutually beneficial relationship between landlords and their tenants.
For landlords and tenants alike, clear communication and a well-drafted lease agreement are essential to avoid misunderstandings about repair responsibilities.
