Tenant and Landlord Responsibilities for Repairs

Repairs can quickly test a rental relationship. That’s why both sides need to know what the landlord’s responsibilities are for repairs​ and what repairs tenants are responsible for.

Nearly 58% of renters have clashed with a landlord, and 68% say maintenance was the issue. When landlord responsibilities are clearly defined, it’s easier to stay accountable and keep the property in good condition.

What Are Landlords Responsible for Fixing?

Most states recognize an implied warranty of habitability, which requires landlords to keep rental homes safe and livable, no matter what the lease says.

This legal duty applies in most jurisdictions and, in some states like Maine, it’s written directly into law. When landlords fail to meet this standard, they risk violating state housing laws and tenants’ basic rights.

Together, these landlord responsibilities​ set the bar for responsible property maintenance. In practice, that responsibility extends to everything from general upkeep to urgent health and safety concerns.

General Repair Obligations

Keeping a rental livable isn’t always black and white. Landlords cover most repairs, but the details depend on what caused the problem, what’s in the lease, and how essential the fix is. Here’s what that looks like day to day.

• Landlords handle repairs unless the tenant caused the issue or it’s due to normal wear and tear. For more details on what counts as everyday use versus damage, see our Landlord’s Guide to Normal Wear and Tear in Rentals.
• The seriousness of a repair isn’t tied to cost. Heat, water, or electricity always count as essential.
• Past practice can create responsibility if a landlord has always taken care of certain fixes.
• Courts sometimes find an implied promise to keep major features of the property in working order. For example, if the building’s elevator stops working, the landlord is expected to fix it even if the lease doesn’t mention it.
• An exception applies if you rented a place knowing something was broken; the landlord may not need to fix it.

If landlords reduce rent or offer perks in exchange for tenants making repairs, the deal should be in writing as a separate business contract. Without it, misunderstandings can happen quickly and cause problems over who handles what.

In many areas, landlord responsibilities​ include general upkeep, such as lawn care or seasonal maintenance, depending on state law and the lease terms.

Health and Safety Hazards

Health and safety regulations hold landlords to a higher standard. When repairs are ignored, tenants can get hurt, and the landlord may be held liable. However, when tenants take on repairs themselves, any mistakes are on them instead.

Local laws at both the city and state levels can be even stricter, sometimes treating certain hazards as “nuisances.” Failing to follow these rules can be considered automatic negligence and make landlords liable for resulting harm.

Along with meeting these standards, landlords are expected to handle routine upkeep, such as trash removal. Some hazards, however, call for extra attention:

Lead

Rentals built before 1978 may contain lead paint or pipes. Even though this isn’t a repair issue, it’s important to note the rules on lead. Federal law requires landlords to disclose known lead hazards and provide tenants with an EPA safety pamphlet.

Asbestos

Older buildings may contain asbestos in walls, ceilings, or floors. It’s one of a landlord’s responsibilities to warn workers, arrange inspections, and make sure tenants are not exposed.

Mold

Exposure to toxic mold can cause respiratory problems and property damage. Landlords are responsible for fixing the underlying causes, such as leaks, poor ventilation, or plumbing problems. To learn more, see Is the Landlord Responsible for Mold? A Landlord’s Guide

Carbon Monoxide

Faulty appliances or blocked chimneys can lead to dangerous levels. Many states require landlords to install and maintain working carbon monoxide detectors.

Pests

Responsibility depends on what caused the problem. Tenants may be liable if pests appear because of poor housekeeping or unclean conditions.

In most cases, landlords are responsible for pest control. Landlords are expected to handle regular treatments and take care of infestations like mice, rats, termites, or bedbugs when tenants aren’t to blame.

These responsibilities show how closely a landlord’s role is tied to tenant safety. Consistent follow-through on repairs protects tenants and helps landlords avoid legal trouble. Regular inspections, quick fixes, and open communication all help keep rentals safe and compliant.

Emergency Repairs

Problems like gas leaks, burst pipes, and electrical hazards can quickly become dangerous, putting both tenants and the property at risk. In these situations, landlords need to move quickly to contain the damage and keep everyone safe. Landlords are legally allowed to enter the unit without notice in the event of an emergency.

For example, if a pipe bursts and floods an apartment, the landlord should respond right away. If they can’t be reached, some states allow tenants to arrange the repair and deduct the cost from rent.

Plumbing, Heating, and Electrical Systems

Tenants depend on steady hot and cold water, reliable heat, and safe electricity to live comfortably. When any of these systems fail, daily life quickly becomes difficult. Landlords are responsible for maintaining plumbing, heating, and electrical systems and fixing problems as soon as they come up. Each area needs attention in different ways:

• Heating: The furnace, boiler, and thermostat should always work properly. Regular maintenance prevents breakdowns, and vents and ducts need to stay clear. If the heat goes out in the winter, it’s a major repair landlords need to fix right away.
• Plumbing: Pipes, fixtures, and water heaters need to stay free of leaks, clogs, and low water pressure. Fixing these issues quickly helps prevent leaks, mold, and bigger plumbing problems.
• Electrical: Wiring, outlets, and circuits must stay safe and meet local codes. Exposed or frayed wiring can start fires or seriously injure tenants, which is why landlords should get it repaired immediately.

Landlords need to keep every repair up to code and stay on top of regular maintenance to prevent safety risks. Every job should follow local building and housing standards to stay compliant. Tenants help by flagging problems early, which keeps the rental safe and comfortable for everyone.

Structural Damage

When a building starts to crack, sag, or leak, it’s a serious safety issue that can’t be ignored. Structural damage ranks among a landlord’s most serious responsibilities because it affects the strength and safety of the entire property. Some of the most common structural problems landlords need to watch for include:

• Foundation: Cracks, settling, or shifting load-bearing walls need attention right away. If ignored, they can compromise the structure and make the home unsafe.
• Roof and ceiling: Landlords must keep the roof and ceiling in good condition to prevent leaks, sagging, or structural damage. Missing shingles, cracks, or poor sealing can let in water and weaken the structure.
• Floors and subfloors: Uneven, sagging, or rotted flooring is dangerous and needs prompt attention. Damaged floors can lead to trips, falls, or deeper structural problems if left unchecked.
• Stairs and railings: Steps and handrails must stay sturdy and secure to prevent accidents and meet safety standards.
• Basements and garages: Bowing walls or sunken slabs should be stabilized or repaired before they get worse.

If tenants didn’t cause the damage, these repairs fall squarely on the landlord. Ignoring them can quickly turn dangerous. In Brooklyn, for instance, a century-old house collapsed after years of neglect, forcing families to evacuate. Age, weather, and poor maintenance weakened it long before demolition crews arrived, showing why landlords need to act fast to keep everyone safe.

Appliances Provided by the Landlord

Tenants expect the basics to work. A cold fridge, a working stove, and an air conditioner that keeps the place comfortable. When these appliances come with the rental, the landlord is responsible for keeping them in good condition.

Once they’re listed in the lease, they become part of what the tenant pays for and what the landlord must maintain. If an appliance can’t be repaired, it should be replaced with a similar one. Failing to do so can lead to:

• Violations of habitability laws
• Tenants leaving without penalty after proper notice

Keep in mind, though, that most states don’t require landlords to provide appliances at all. They only have to maintain what was already included in the rental. Some states, like California, are changing that; AB 628 would require landlords to provide a working stove and refrigerator in most rentals starting January 1, 2026.

What Repairs Are Tenants Responsible for?

Not every repair falls on the landlord. Tenants are responsible for their part by handling small fixes, routine maintenance, and any damage they cause, such as holes in the walls from hanging pictures or other items. Knowing what repairs tenants are responsible for keeps rentals in good condition and helps both sides stay on the same page.

Putting the Rental Back the Way It Was

Tenants must keep the property close to its original condition. Making changes without the landlord’s permission can lead to repair or restoration costs. To avoid confusion, leases should require written approval for alterations and clarify who handles restoration when changes are allowed.

Some updates don’t need major approvals. Tenants can install small antennas or satellite dishes under one meter in diameter, but landlords may set limits for safety or building preservation. If a central antenna system exists, tenants might need to remove their own installations.

Built-in shelves, lighting, and other attached fixtures usually become the landlord’s property. Courts look at how the item was installed, whether it changed the structure, and if the landlord approved it. A few simple steps help prevent problems later:

• Take photos before and after moving. They document the property’s condition.
• Keep proof of approved changes. Receipts or written consent can protect both sides.
• Communicate early. Discussing repairs or updates helps avoid last-minute issues.

Leaving the property in good shape and keeping good records makes move-out easier for everyone.

Damage Caused by Tenants or Guests

Tenants are responsible for damage caused by themselves, their guests, or their pets. This includes damage from negligence or failing to report small problems early. Landlords can charge for repairs that go beyond normal wear and tear, but not for minor scuffs or stains.

Small problems can quickly grow into bigger ones. If a leak goes unreported and causes water damage or mold, the tenant is responsible for the repair costs. The same applies to other avoidable damage, such as:

• Clogged drains from grease or debris
• Broken furnaces or appliances from misuse
• Water damage from overflowing tubs or sinks

Pest issues depend on what caused them. If tenants report pests quickly, the landlord takes care of it. But if infestations happen because of poor cleaning or delayed reporting, the tenant may need to pay for treatment. Leaving trash or pests behind at move-out can also result in charges.

Minor Repairs and Routine Maintenance

Minor repairs and routine maintenance usually fall to the tenant, but only for small tasks. Replacing light bulbs, unclogging drains, and changing air filters are common examples. Some leases also make tenants responsible for outdoor chores like snow removal or lawn care, but those duties must be clearly written into the agreement.

There are also risks in shifting too many repair duties to tenants. If a tenant’s repair causes injury or property damage, insurance may not cover it. That’s why landlords should set clear limits on what tenants can do and handle larger issues themselves.

State-by-State Landlord Repair Laws

Who handles repairs depends on state and local laws. These laws set the standards for rental conditions from move-in to move-out, covering essentials like heat, water, and ventilation. Courts also help define what’s considered habitable through their rulings.

Because every state enforces its own rules, it’s important to know where to look. The table below lists each state’s main building code resource.

Understanding landlord responsibilities starts with your state’s housing code. These laws set the basics for safety and habitability, but local rules may go further. Court decisions can also influence how they’re applied. When repairs or maintenance fall through, disputes often follow.

Landlord and Tenant Disputes Over Repairs

When a landlord refuses to make repairs, tenants still have rights. Meeting basic building codes isn’t always enough, as courts can still rule a home unfit to live in. And no lease can take away a landlord’s duty to keep the property safe and livable.

Ignoring serious problems can lead to legal and financial consequences. Tenants may sue, request rent reductions, or contact local code enforcement. In some cases, they can move out without penalty if the home violates habitability laws. Retaliating against tenants for filing complaints is also illegal and only adds to liability. When landlords ignore repairs, the fallout can be serious:

• Courts can cut rent or order repairs on the spot.
• Tenants can walk away from the lease if the home is unsafe.

The landmark case Javins v. First National Realty Corp. (1970) set the standard for tenant protections. It made clear that landlords must keep homes livable, and that failing to do so breaks the lease.

Can a Landlord Make a Tenant Pay for Repairs​?

A landlord can’t make a tenant pay for every repair. Tenants are only responsible for damage beyond normal wear and tear, not the effects of everyday living, like scuffed floors or faded paint.

When the damage is more serious, the rules change. If a tenant, guest, or pet causes it, the tenant may have to cover the cost. Sometimes, that amount comes out of the security deposit. Staying on top of maintenance and reporting issues early can help avoid disputes later.

Can a Landlord Keep Your Security Deposit?

A landlord can keep part or all of a security deposit to cover damage or excessive mess after the tenant vacates the property. They also have to give tenants an itemized statement that shows what was deducted and why. That keeps everything clear and fair. Here’s what landlords can usually deduct for:

• Fixing damage beyond normal wear and tear
• Cleaning up excessive dirt or trash
• Replacing items that are broken or missing

If a landlord mishandles deductions, it can cause disputes or even legal trouble. They also have to return any remaining balance, plus any interest earned, within 14 to 30 days after the tenant moves out. Following these steps helps both sides end the lease on good terms.

Can a Landlord Sue a Tenant for Damages?

Landlords can sue tenants for damage, but only when the claim is fair and clearly linked to the tenant’s actions. Courts also expect landlords to act reasonably and limit their losses by arranging timely, cost-effective repairs. When a claim is filed, it usually covers things like:

• Costs to repair or replace damaged property
• Expenses directly related to the damage, such as cleanup or restoration

For example, if a tenant causes water damage, the landlord can recover the cost of fixing the floor and addressing any mold. Keeping records, photos, and receipts helps support these claims if the dispute goes to court.

Can Tenants Withhold Rent for Repairs?

In many states, tenants can withhold rent for repairs when serious problems go unfixed. This applies to issues that affect health, safety, or livability, like no heat, leaks, or faulty wiring. The tenant can’t have caused the problem and must give proper notice before taking action. The rules for withholding rent vary by state.

• Some allow tenants to withhold rent directly until repairs are made.
• Others require the rent to be paid into an escrow account or through the court.
• Lease terms can’t remove this right, even if the lease says otherwise.

Before withholding rent, tenants should review their state’s laws carefully, as many states will specify the amount that may be legally withheld. Taking the right steps keeps things fair and helps avoid legal trouble later.

Can a Tenant Sue a Landlord for Not Making Repairs?

Tenants can sue a landlord for not making repairs when serious problems go unresolved. This usually happens when the landlord knew about the issue but failed to act in time. Major leaks, mold, or broken heating systems often fall into this category because they make a home unsafe or unlivable. When that happens, a few things can follow:

• A small claims judge may order rent reductions or award compensation.
• Code enforcement or housing inspectors can step in, issue fines, or require repairs.

Keeping detailed records, photos, and written requests gives tenants stronger proof if the case goes to court.

How to Avoid a Landlord-Tenant Dispute​ Over Repairs

The best way to avoid landlord-tenant disputes over repairs is with a clear lease and good communication. A written lease should define who handles repairs and upkeep so both sides know their responsibilities from the start. Ask these key questions when setting up or reviewing a lease:

• Who handles major vs. minor repairs? Landlord responsibilities typically include big fixes, while tenants manage small upkeep.
• Who’s responsible for appliances and fixtures? Make it clear who repairs or replaces them.
• Can tenants make alterations or improvements? Spell this out to prevent confusion later.
• What proof exists if a dispute happens? Keep documentation to support both sides in court if needed.

Communication is just as important. Tenants should report problems early and in writing. A move-in walkthrough with a checklist and photos helps document the property’s condition and protect both parties.

Insurance adds another layer of safety. Renters insurance covers a tenant’s belongings and liability, while landlord insurance protects the building and major systems. To start off right, use our free rental and lease agreements and rental inspection checklist to set clear expectations from day one.