Landlords are legally responsible for making repairs to rental properties, unless the lease agreement states otherwise. However, there are some instances where a landlord may be able to pass the cost of repairs onto the tenant. These include damages caused by the tenant, repairs that are the tenant’s responsibility under the lease, and repairs that are caused by the tenant’s guests or visitors. It’s important to check the lease agreement and local laws to determine who is responsible for repairs in a particular situation.
Tenant’s Responsibility for Repairs
Generally, landlords are responsible for maintaining and repairing their rental properties. However, there are some exceptions to this rule, and in some cases, tenants may be responsible for certain repairs.
Landlord’s Responsibility for Repairs
Landlords are generally responsible for repairs that are necessary to maintain the habitability of the rental unit. This includes repairs to the following:
- The structure of the building
- The heating and cooling system
- The plumbing system
- The electrical system
- The roof
- The windows and doors
- The appliances
- The common areas of the property
Landlords are also responsible for repairing any damage to the rental unit that is caused by their negligence or the negligence of their employees or agents.
Tenant’s Responsibility for Repairs
Tenants are generally responsible for repairs that are caused by their own negligence or the negligence of their guests or family members. This includes repairs to the following:
- Damage to the walls, floors, or ceilings
- Damage to the appliances
- Damage to the fixtures
- Damage to the furniture
- Damage to the common areas of the property
Tenants are also responsible for keeping the rental unit clean and sanitary. This includes taking out the trash, cleaning the appliances, and dusting the furniture.
Who Pays for Repairs?
The following table summarizes who is responsible for paying for repairs in a rental unit:
| Repair | Who Pays |
|---|---|
| Repairs to the structure of the building | Landlord |
| Repairs to the heating and cooling system | Landlord |
| Repairs to the plumbing system | Landlord |
| Repairs to the electrical system | Landlord |
| Repairs to the roof | Landlord |
| Repairs to the windows and doors | Landlord |
| Repairs to the appliances | Landlord |
| Repairs to the common areas of the property | Landlord |
| Damage to the walls, floors, or ceilings | Tenant |
| Damage to the appliances | Tenant |
| Damage to the fixtures | Tenant |
| Damage to the furniture | Tenant |
| Damage to the common areas of the property | Tenant |
Tenant’s Responsibility for Repairs
In general, a landlord is responsible for maintaining a rental property in habitable condition. This includes making repairs to the property and ensuring that it complies with local health and safety codes. However, there are some repairs that a tenant may be responsible for, depending on the terms of their lease agreement and the laws in their jurisdiction.
- Routine Maintenance: Tenants are typically responsible for routine maintenance tasks, such as cleaning the property, changing light bulbs, and replacing batteries in smoke detectors.
- Damage Caused by the Tenant: Tenants are also responsible for any damage they cause to the property. This includes damage caused by negligence, such as not properly cleaning the property or leaving a window open during a storm, as well as damage caused intentionally.
- Repairs Specified in the Lease: Some lease agreements may specify that the tenant is responsible for certain repairs. For example, a lease may state that the tenant is responsible for replacing the air filter in the furnace or for mowing the lawn.
If a tenant is responsible for a repair, they should make the repair promptly. If the tenant fails to make the repair, the landlord may have the right to make the repair and charge the tenant for the cost. In some cases, the landlord may also be able to evict the tenant for failing to make the repair.
It is important to note that the laws governing landlord and tenant responsibilities vary from jurisdiction to jurisdiction. Tenants should carefully review their lease agreement and consult with an attorney if they have any questions about their responsibilities for repairs.
Here is a table summarizing the general responsibilities of landlords and tenants for repairs:
| Responsibility | Landlord | Tenant |
|---|---|---|
| Routine Maintenance | No | Yes |
| Damage Caused by the Tenant | No | Yes |
| Repairs Specified in the Lease | No | Yes |
| Other Repairs | Yes | No |
Wear and Tear vs. Damage
When a tenant moves into a rental property, they are expected to take care of it and leave it in the same condition as when they moved in, minus normal wear and tear. However, there is often a fine line between what is considered normal wear and tear and what is considered damage. In general, wear and tear is the deterioration of a property that occurs over time due to normal use, while damage is the deterioration of a property that occurs due to neglect, abuse, or misuse.
Landlords are responsible for making repairs to the property that are caused by wear and tear, while tenants are responsible for making repairs to the property that are caused by damage. However, there can be some gray areas, and it is not always easy to determine who is responsible for a particular repair.
Examples of Wear and Tear
- Faded paint
- Worn-out carpets
- Cracked tiles
- Leaky faucets
- Minor scratches on the walls
Examples of Damage
- Holes in the walls
- Broken windows
- Stains on the carpet
- Burns on the counter
- Damage to appliances
Who Is Responsible for the Repair?
| Type of Damage | Who Is Responsible |
|---|---|
| Wear and tear | Landlord |
| Damage | Tenant |
| Gray area | Both landlord and tenant may be responsible |
If you are a tenant and you are unsure whether or not you are responsible for a particular repair, you should contact your landlord and ask. It is always best to err on the side of caution and ask for clarification, rather than risk being charged for a repair that you are not responsible for.
Withholding Rent for Repairs
- Withholding rent is illegal in most states, even if the landlord is not making repairs.
- Only in a few states, renters are allowed to withhold rent.
- Renters should always try to communicate with their landlord about repairs before withholding rent.
What Renters Can Do if Landlord is Not Making Repairs
- Document the repair issue, including photos, videos, and written descriptions.
- Send a written request to the landlord detailing the repair issue and requesting a timeline for completion.
- If communication is difficult, renters should send a certified letter or email.
- If the landlord does not respond, renters should contact local housing agencies or legal aid organizations.
- In some extreme cases, renters may need to file a lawsuit against the landlord.
State Rent Withholding Laws California Renters can withhold rent if the landlord fails to make repairs that affect habitability, such as plumbing, heating, or electrical issues. Florida Renters can withhold rent if the landlord fails to make repairs that create a health or safety hazard. Illinois Renters can withhold rent if the landlord fails to make repairs that affect habitability, such as plumbing, heating, or electrical issues. New York Renters can withhold rent if the landlord fails to make repairs that affect habitability, such as plumbing, heating, or electrical issues. Texas Renters can withhold rent if the landlord fails to make repairs that affect habitability, such as plumbing, heating, or electrical issues. Well, that about covers it! Thanks for sticking with me through this deep dive into landlord-tenant repair responsibilities. Hopefully, I’ve cleared up some of the confusion and given you a better idea of what you can—and can’t—be held liable for. As always, if you have any further questions or concerns, I encourage you to reach out to an attorney. In the meantime, keep an eye out for new articles and updates here on our blog. Until next time, keep calm and repair on, my friends!