Who Is Legally Responsible for Repairs in a Rental?

Clear communication about repair responsibilities can save both landlords and tenants from unnecessary headaches. Whether it’s a leaky faucet or a more serious structural issue, your rental agreement will outline who should take action. Both landlords and tenants have duties to maintain the property, but the specifics can vary. Explore the legal framework behind repair obligations in rentals, giving you the clarity to handle any maintenance issues that arise.

Your Lease Agreement Will Determine Responsibility for Repairs

The lease terms are the first thing to look for when looking for someone responsible for maintenance tasks. Lease agreements typically include maintenance clauses that outline who is responsible for different types of maintenance and repair tasks. There will also be terms that outline the procedure for tenant-requested repairs of the landlord and the timeline for the landlord to make the repairs. 

The landlord and tenant can negotiate the maintenance and repair terms. As long as the final terms comply with the law, they are free to negotiate how they wish to define who is responsible for tasks. Generally, landlords are responsible for ensuring the habitability and safety of the rental property and maintaining the common areas. Tenants are generally responsible for routine maintenance, reporting issues, and repairing any tenant-caused damages.

State and local laws can impact the maintenance and repair lease terms. Some laws outline who is responsible for specific tasks. For example, states typically make the landlord responsible for maintaining the building structure, utilities, and pest infestation prevention. A landlord cannot avoid this responsibility by making a lease term that transfers these duties to the tenant.

Luise A. Barrack, a real estate attorney at the firm of Rosenberg & Estis in New York City, represents real estate investors and commercial property owners. She highlights the importance of being creative when seeking a resolution. By being open to negotiating a solution, everyone can agree on results in a faster and more economical way. “I try to say [to the client], is there a way we can resolve this? Who have you communicated with? You know the adverse party—is there a way that we can get that discussion back on track?”

Landlord Responsibilities for Repairs

The landlord must maintain the rental building and make major repairs to the property to ensure its safety and habitability. The warranty of habitability covers several elements, such as the building’s structure, plumbing, electrical systems, smoke detectors, and HVAC systems.

As the property owner, the landlord is responsible for keeping the property in compliance with local building codes and ordinances. These state laws are in place to ensure the health and safety of the people living in the state. Structural repairs include the foundation, roof, and external walls. The plumbing system includes maintaining running water and addressing clogs, leaks, and fixtures. It also includes ensuring working hot water. Electrical repairs include maintaining the circuit breakers, outlets, wiring, and fixtures. HVAC habitability housing codes vary based on the state. Hot climate states typically have laws that require landlords to be responsible for air conditioning systems. In contrast, cold climate states make landlords legally responsible for maintaining heating systems. In addition, the landlord is responsible for the cost of repairs from normal wear and tear.

Large appliances are not typically included in habitability requirements. However, the landlord is typically responsible for their repair and maintenance. The landlord and tenant can agree to a different arrangement in the lease if they want.

If the landlord owns a multi-unit property, multiple tenants could live on one large property. In this type of setup, there are common areas that all tenants will access and use. The landlord is responsible for maintaining these common areas. Examples of these types of areas include stairwells, lobbies, hallways, or community amenities.

A landlord must be able to act quickly in the event of an emergency. Urgent repairs would include a broken heating system in winter, a serious plumbing leak, or a hole in the roof. These all directly threaten the tenant’s ability to live in the rental safely. The landlord must act promptly upon notification of the emergency. Most states have timeframes for habitability repairs. Landlords must act within these deadlines or face financial penalties and tenant damages. For repair needs that do not have a statute-defined deadline, the general acceptance is that the landlord gets the home in working order within a reasonable time.

Tenant Responsibilities for Repairs

Rental property tenants are typically responsible for their rental’s general upkeep and maintenance. This includes changing the air filters, replacing dead lightbulbs, and fixing minor issues. Tenants must also fix any damage they cause. Common examples include holes in the walls, broken windows, or stained carpets. Some tenants opt to make the minor repairs themselves. For more extensive damage, the tenant may need to hire a professional to do the work.

Tenants are also responsible for reporting maintenance and repair issues that the landlord is responsible for during the course of their tenancy. The tenant should give the notice promptly, as delaying notice can allow issues to multiply.

The lease may outline specific tasks and duties for which the tenant is responsible. These are terms the landlord and tenant negotiate. If the lease outlines maintenance tasks for the tenant, then the tenant is responsible for them. Failing to address these tasks can result in the tenant violating the lease.

What to Do if Your Landlord or Tenant Refuses to Make Repairs

If a landlord refuses to make repairs, the tenant has several resources available to them. By seeking support and assistance, a tenant can advocate for themselves. No one should accept living conditions that put them in an unsafe situation.

For Tenants

Not all landlords are responsible or responsive when handling tenant maintenance requests. If a landlord refuses to make repairs, the tenant should first review the lease. That way, they will understand what the landlord is contractually liable for and the tenant’s available remedies.

The renter should formalize their repair requests by writing them down and keeping a record of them. This is important because some tenants have a casual relationship with their landlord and may make repair requests verbally. Doing so in writing will be important should the tenant need to take the legal route later.

Once the tenant makes a written request, they should wait for the lease or law-defined amount of time. If the landlord does not act by the deadline, the tenant should follow up on the request in writing. It can help to seek assistance from a tenant advocacy group.

Depending on the repair issue, one possible remedy available to the tenant is to withhold or deduct rent. However, this is not available for all repair issues, and the laws vary from state to state. If a tenant intends to withhold rent, they should speak with a landlord-tenant attorney first. The lawyer will explain when and how a tenant can withhold rent. Otherwise, the tenant risks doing so incorrectly, which will result in a lease violation or eviction. A lawyer may also advise keeping the withheld rent in an escrow account. That way, they have the money readily available if the court orders that the tenant pay the back owed rent.

A tenant can seek legal remedy if the landlord continues to refuse to act. Depending on the issue, the tenant may be able to report the landlord for the rental’s lack of habitability to the local housing authority or health department. Another option is to seek remedy in small claims court. The tenant could seek compensation for the tenant’s costs for the repairs.

If the landlord’s refusal to make necessary repairs directly impacts the habitability or safety of the rental, the tenant may want to consider moving. A lawyer can help the tenant determine if they have grounds for lease termination based on the landlord’s lack of performance.

For Landlords

If a tenant refuses to fulfill their duties, the first step the landlord should take is to review the lease terms. That way, they can ensure they know exactly what the lease says. The landlord should confirm what the tenant is responsible for and the timelines and available remedies. Then, the landlord should address the issue of tenant negligence directly with the renter. Doing so in writing ensures the landlord has a record of the communication exchange.

The written notice to the tenant should include an explanation of the maintenance need, applicable lease term, and necessary remedy. If the tenant still refuses to perform the maintenance or repair, the landlord should hire a professional to perform the work. Protecting the property and the tenant’s safety should be the first priority. Afterward, the landlord can seek compensation from the tenant if appropriate. This could be through mediation or by taking legal action. Speaking with a landlord-tenant attorney can help the landlord understand the applicable law and possible available remedies.

Neglected maintenance by the tenant is often not discovered by the landlord until after the tenant moves out. At this point, the issues can be exponentially more expensive to address. Landlords will want to prevent this from happening in the future. To help reduce the risk of neglected maintenance, landlords can perform routine inspections. It is also important for the landlord to clearly communicate with the tenant. Review maintenance lease terms at lease signing to ensure the tenant understands what is expected of them.

Find Experienced Legal Advice

Keeping a rental property well-maintained requires cooperation between landlords and tenants, and the lease agreement sets the foundation for that collaboration. Understanding who is responsible for what can help avoid costly misunderstandings. However, professional legal guidance may be necessary when issues arise, such as a disagreement over repairs or maintenance delays. Speaking with a lawyer can clarify the situation and ensure that both parties adhere to their contractual and legal obligations.

Visit the Super Lawyers directory to begin your search for an experienced real estate attorney who practices landlord-tenant law.