Tenant vs Landlord Repair Responsibilities: Who Pays for What?

Let's say you suddenly have a pest infestation in your house, or your sink starts leaking, making everything messy. This would definitely lead you to ask, "Who is supposed to fix this?"

You'll wonder if it's your landlord who's supposed to fix the issue, or if you're the one to. This confusion is often common. People want to know exactly, "What repairs are landlords responsible for?" They also want to know "What repairs are tenants responsible for?"

It's interesting to note that the general rule is that all landlords must provide a safe and livable home for their tenants. It applies to you, even though it may not be contained in your lease agreement.

This article explains all you need to know about landlord repair responsibilities. We'll break down exactly "What are landlords responsible for?" and the repairs for tenants as well.

Landlord Repair Responsibilities: Implied Warranty of Habitability

Alt text: What repairs landlords are responsible for

This Implied Warranty of Habitability simply refers to your right to a safe and livable home. You have an automatic right that has been granted to you by state law. This means that it applies to you even if your landlord doesn't mention it.

So, what does "livable" actually mean? While standards can be different, this generally guarantees you:

• A structurally sound home (a solid roof, floors, and walls)
• Running hot and cold water
• Heat during colder months
• Safe electrical wiring and outlets
• Proper weatherproofing (windows and doors that keep the elements out)
• A home free from pest infestations
• Working smoke and carbon monoxide detectors
• Secure locks on all doors and windows

This warranty is for all landlords. It's their responsibility to make up for repairs related to health and safety. Tenants are typically responsible for repairs that they damaged or intentionally neglected.

Landlord repair responsibilities also come from:

• State and Local Housing Codes
• Your Lease Agreement
• Common Law

What Are Landlords Responsible for Fixing?

Based on the Implied Warranty of Habitability, here are some landlord repair responsibilities: 

1. Structural and Safety Repairs

This category covers the physical structures of your house. The landlord has the responsibility to repair every structural damage to ensure your house is safe. 

Landlord repair responsibilities for structural damages include:

• If the foundation of the house is cracked or shifting 
• If there's a leaking roof 
• Appearing cracks on the walls or it's damaged
• If the floors are sagging, warped, or unstable 
• Broken or shaky stairs or rails
• Damaged exterior walls or siding
• If you have a broken window or one that's cracking
• Structural water damage that's causing water to leak in the house 

Your landlord would be responsible for repairing it. They must do so, especially if it's due to normal wear and tear or a natural disaster. If the damage is severe and unsafe for you to live in, the lease may be terminated by law. As a tenant, once you notice these issues, you must report them immediately.

2. The Essential Systems

These are the systems that make your house comfortable for you to live in. If there are any issues you notice in these areas, your landlord has to quickly fix them. These include:

Plumbing

The pipes in your house should always be in good condition. There shouldn't be any major leaks that cause damage. You certainly should have a hot water heater that's working perfectly, too. This ensures that you have access to clean water and sanitation.

Landlord repair responsibilities for plumbing issues include the following:

• If there's a pipe that's leaking or burst 
• If your water heater is broken or not working properly
• If the drains or toilets are clogged
• Backups in the sewer or septic system 
• The hot or cold water is no longer working
• If there's a leaky faucet that's wasting water
• If there's low water pressure 
• If the pipes are frozen in winter

Heating and Cooling

A heating system is very important. It is a requirement for a livable condition in almost every state. When it's cold in winter, your heating helps to keep your house warm. You also need air conditioning, as it is also essential in many areas. This, however, depends on the climate and local laws.

Some of these heating and cooling issues include:

• A furnace or heating system that's broken
• If the radiators or baseboard heaters in your house aren't working properly
• A broken thermostat
• If your air conditioning suddenly stops working (This is especially in states where it’s required by law to have air conditioning)
• If you notice ventilation system problems in the house 
• If you notice gas heating issues
• If the heat pump stops working
• Your heating isn't working as it should when there's cold weather

PS: Make sure you check if your lease agreement specifically requires you to have air conditioning in the house. Some state and local climate conditions require you to have it.

Electrical Systems

Your landlord must ensure the electrical wiring in your house is safe. They have to be working properly. If there's an issue, say, exposed wires, it could lead to fire hazards. It is risky for you if there's any faulty electrical wiring. Therefore, this counts as part of the landlord repair responsibilities.

They include:

• Lights flickering in the house or dead outlets
• If the circuit breakers trip frequently
• Wiring is exposed or frayed
• The outlets or switches start sparking 
• If you notice buzzing sounds from electrical panels
• Electrical capacity is insufficient for modern appliances
• Wiring systems are outdated or dangerous 
• If you notice missing or broken electrical fixtures

3. House Appliances

If the landlord provided some of your appliances, they are responsible for repairing or replacing them when they break down. This is especially true if it is due to normal use. It can be your refrigerator, stove, oven, dishwasher, and many more.

Examples of the landlord repair responsibilities for appliances are:

• The refrigerator stops cooling or freezing
• Stove or oven burners not working
• Dishwasher won't run or clean properly
• Built-in microwave malfunctions
• Garbage disposal breakdown
• The washer or dryer provided by the landlord breaks down
• Range hood ventilation failure

You are responsible if the breakdown was because you misused the appliance. For example, if the refrigerator wears out over time, the landlord fixes it. If you break the oven door by slamming it, you're likely going to pay for it.

4. Health, Safety, and Pest Control

In cases like these, landlords are responsible:

Mold and Moisture Issues

Landlords are responsible for fixing mold, especially if a leaky roof or faulty plumbing caused it. However, if you caused the mold, it's your fault. Therefore, you'll be the one to fix it. For example, if you never properly ventilate the bathroom and there's excess moisture, this causes mold.

Examples of mold issues landlords must remediate:

• Mold growth from roof leaks
• Mold caused by plumbing failures
• Moisture buildup from poor ventilation (if building design issue)
• Mold in walls from structural water intrusion
• Basement flooding
• Mold from faulty HVAC systems
• Black mold that needs professional removal

Pest Infestations

Pest infestation repair usually depends on the cause. There may be rats getting in through cracks in the foundation, or there's a bed bug infestation. In this case, the landlord must pay for an extermination in order to fix the issue. If the infestation is because you didn't manage the house properly, you're responsible.

Landlord repair responsibilities for pest issues include:

• If there are rats entering through the gaps in the building 
• A cockroach infestation in your house 
• If there are bed bugs now present in your house
• Any termites or insects that are harmful
• Excess ants in the house
• A bee or wasp nest anywhere around the house 
• Bats in the walls

5. Safety Devices and Equipment

The majority of the time, landlords should be the ones to provide and maintain the safety devices you use in the house. They should be the ones handling installations and making any major repairs.

Landlord repair responsibilities for safety include:

• Ensuring that there are smoke detectors in all required locations
• Carbon monoxide detectors
• Fire extinguishers in multi-unit buildings
• Emergency lighting in common areas
• Repairs for the security system
• Fire escape maintenance
• Exit signs in apartment buildings

6.  Weatherproofing and Insulation

Your landlord must ensure the property is protected against any harsh weather. If there's a water intrusion in the house, it can lead to mold. It also leads to structural damage.

Landlord repair responsibilities for this include:

• Windows or doors that are leaky
• Any windows in the house that aren't closing properly
• Any weather stripping that is missing or damaged
• If your roof leaks when it rains or snows
• Gutters around that are broken, leading to water damage on the property
• Insulation that's causing heat in the house 
• Damages caused by the storm

7. Locks and Security Measures

All windows in your house must have locks that are in good condition. It is the responsibility of landlords to ensure this.

Security issues the landlord should fix include:

• Door locks or deadbolts that are broken
• A window in the house that isn't locking properly
• Keys that don't work in exterior doors
• Gate lock issues 

8. Common Areas in Multi-Unit Buildings

Landlords should ensure that the shared areas are well-maintained, especially in multi-unit buildings. They should keep these areas clean, well-lit, and free from hazards.

Landlord repair responsibilities for common areas are:

• Hallway lighting and fixtures
• Stairwell safety and cleanliness
• Elevator maintenance and repairs
• Lobby cleanliness and upkeep
• Laundry room equipment and facilities
• Parking lot maintenance and lighting
• Mailbox repairs and security
• Building entry system maintenance
• Pool and fitness center upkeep (if provided)

What Repairs Are Tenants Responsible For?

Landlords have duties towards you as a tenant. It's the same way you also have responsibilities to do. This is especially true when it comes to maintenance. As a tenant, if you're wondering, "What repairs are tenants responsible for?" 

Here are the major ones:

1. Any Damage You Cause

You are automatically responsible for fixing a problem if you caused the damage. Sometimes, it may not even be you; it could be your guest or even your pet. You are still responsible for it. That is quite different from "normal wear and tear". That is the landlord's responsibility.

Some examples of this damage could be:

• Holes in the walls from hanging pictures
• Broken windowpanes due to accidents
• Stains or burns in the carpet
• Scratches on the floors due to moving furniture without pads
• Any damage by a pet, including chewed woodwork or stained flooring
• Broken cabinet doors or drawers
• Countertops damaged from improper use
• Torn window screens
• Broken blinds or curtains

These repairs will usually be taken out of your security deposit upon moving out.

2. Minor Maintenance and Daily Upkeep

These are just minor tasks that keep the house running. They prevent small issues from becoming major and expensive problems.

Examples of minor maintenance tasks tenants handle:

• Replacing dead light bulbs
• Replacing the air filter in the HVAC system
• Unclogging a drain that you blocked with hair or food waste
• Keeping the home clean and devoid of garbage to avoid attracting pests.
• Changing batteries in smoke and carbon monoxide detectors
• Cleaning refrigerator coils
• Dryer Vent Lint Removal
• Cleaning gutters - if indicated in the lease
• Minor landscaping and lawn care, if negotiated in the lease

3. Returning the House to Its Original Condition

Any changes you made while on the property must be returned to their original state. For instance, you painted somewhere in the house. Another is installing a particular piece of furniture without your landlord's permission. You must change it back before you move out.

Examples of changes you may need to reverse:

• Repainting the walls back to their original color
• Removal of installed shelving or fixtures
• Patching holes from mounted items
• Removing wallpaper or decals
• Restoring the original flooring if it has been changed
• Removing unauthorized locks or security devices

This means if you painted, you'll likely need to paint it back. If you installed something, remove it and also patch the holes. Just to be safe, you can always ask for permission before making any changes.

What Should Tenants Do When a Repair Is Needed?

The following steps highlight how you can ensure that you take the right process when there's a repair that needs attention:

Document the Issue Thoroughly

Before proceeding with anything else, get evidence of the problem. Here’s what you should do:

• Take clear photos from multiple angles
• Record a short video showing the issue
• Write down when you first noticed the problem
• Note if the problem is getting worse
• Document any damage to your personal belongings
• Save any related receipts or invoices

This documentation protects you in the event of a later dispute. It can be regarding when the problem began or its severity.

Check Your Lease Agreement

Before calling your landlord, thoroughly read through the lease. Check for specific rules about how to report repairs and to whom you can turn for maintenance. Look for clauses that might describe landlords repair responsibilities. You may also want to check the timelines for different types of repairs and your responsibilities for minor maintenance.

Make sure you review any conditions that mention written notice. If anything were to come up, you should then write a notice to your landlord. Even if you told him about it, you need to provide your landlord with a written notice. Your written notice should:

• Clearly describe the problem.
• Explain how it affects your living situation
• Include the date that you first noticed the problem
• Attach photos or videos as evidence
• Request a repair with a reasonable timeline

Keep a copy for your records. Send this via email or certified mail so you have proof of delivery.

Allow Reasonable Time for Repair

After giving notice, you have to give your landlord time to correct the problem. The time needed will vary depending on the severity of the problem.

It can take around 24 to 72 hours for Emergency repairs. Landlord repair responsibilities for emergencies are:

• No heat during winter
• Major water leaks or flooding
• No electricity or power
• Gas leaks or carbon monoxide
• Broken locks on exterior doors
• Sewage Backups

Non-emergency repairs can take from 7 to 30 days. Landlord repair responsibilities for non-emergencies are:

• Dripping faucets
• Faulty minor appliances
• Non-critical electrical issues
• Minor plumbing problems

The specific timeframe varies in different states and localities. Therefore, ensure that you check the requirements for your specific area.

Send a Follow-Up Letter

If, after a reasonable time, your landlord has not responded or completed the repair, send a follow-up letter. Your follow-up should reference your original request and the date sent. In the letter, mention that you haven't gotten any response. You can also remind them of their legal obligation to maintain the property.

You can decide to set a new deadline for the response. If no action were to be taken, you may want to escalate this matter. Try as much as possible to be professional in this letter to your landlord.

Contact the Local Housing Authority

You can then escalate to the local authorities. Do this if your landlord is still not responding to the necessary actions. Here's what you need to do:

• File a formal complaint with your local code enforcement office
• Seek an inspection by the housing authority
• Contact your city or county health department (for health hazards).
• Contact a tenant rights organization. They could declare your landlord responsible for the repairs. Most likely, your landlord will have to pay fines for failing to comply.

Consider Legal Remedies If Necessary

This option works if, even after filing official complaints, there are still no repairs done. You may begin considering legal options. Always check your state's particular laws before pursuing these steps.

You can:

• Repair and Deduct: You can hire a professional to do the essential repairs in many states and pay for it. Then deduct the cost from your rent. It usually has cost limits, which are often one month's rent or less. Additionally, you must first submit a written notice to your landlord. A repair and deduct remedy only applies to repairs that affect your habitability. Make sure you follow your state-specific procedures. So, check if it applies to your state. Lastly, keep all receipts and documentation of this.

• Withhold Rent: You can withhold rent in some states for serious issues. These are issues that have made the home uninhabitable. This remedy does not apply to minor repairs. Also, make sure you follow state-specific procedures. Many of these withholding requirements necessitate depositing your rent money into a court-managed escrow account as proof that you act in good faith.

• Report to Fair Housing Organizations: You can contact a fair housing organization or attorney if you believe your landlord is intentionally delaying repairs.

Best Practices for a Dispute-Free Tenancy 

When the landlord and tenant are on the same page, everything goes well. These steps are the best way to avoid any kind of disputes over repairs: 

For Landlords 

Here's what landlords should consider: 

1. Be Specific in Your Lease Agreement

Landlords should be specific in their lease agreements. In addition, they should be specific about the type of lease agreement they are giving. If it is a standard lease agreement, your lease should definitely answer the question "What are landlords responsible for?" It should also answer, "What repairs are tenants responsible for?" 

Include specific details about:

• Landlord repair responsibilities 
• Who is responsible for changing filters and replacing light bulbs 
• Specific appliance maintenance responsibilities, lawn care, and landscaping duties 
• Snow removal duties  
• Prevention against pests 
• Minor repair thresholds 
• Emergency contact procedures 

See if it refers to things like filter changes, light bulbs, and maintenance of particular appliances. Check your legal forms, as well. Make sure the contract is clear. 

2. Regular Inspections 

Landlords could arrange for inspections with due notice. They'll go to their tenant's house to inspect for minor issues. They shouldn't be intrusive, just to conduct small checks.

What you should do:

• Provide written notice 24 to 48 hours in advance
• Schedule at reasonable times
• Focus on maintenance and safety issues
• Document the condition with photos
• Address small problems before they become major
• Keep inspection records organized

This shows you care about the property's condition. You can then identify issues early.

3. Be Responsive and Professional

When a tenant reports a problem, always be ready to repair the damage. Provide a prompt and professional response to tenants' maintenance requests.

What you should do:

• Acknowledge receipt of repair requests within 24 hours
• Provide realistic timelines for completion
• Keep tenants updated on repair progress
• Be available for emergency situations
• Hire qualified professionals for repairs
• Follow through on commitments

4. Keep the Lines Open

Simply keep and maintain an open communication. Make sure tenants know how to reach you. They may need you for emergencies and regular maintenance issues.

For Tenants:

Here are some tips for you:

1. Document Everything

This is one of your most important tasks. Go through the property properly. Make sure you take photos and videos of every room that is date-stamped. Take note of any existing damage, no matter how small. This is your proof later.

What to document:

• The condition of all rooms when moving in
• Any pre-existing damage or wear
• Appliance conditions and functionality
• Wall and floor conditions
• Window and door conditions
• All repair requests and responses
• Move-out condition

2. Create a Paper Trail

Always report repair issues in writing. You can use email. This allows you to have a record of your request. If there's any disagreement, you'll have proof that you notified the landlord and when you did.

Keep records of:

• All repair requests sent
• Landlord responses and commitments
• Follow-up communications
• Photos and videos of issues
• Receipts for any emergency repairs
• Inspection reports

3. Take Permission Before Making Any Changes

Do not make any changes to the property without your landlord's written permission. They might think of it as damage. Always get a written approval before:

• Painting walls
• Installing fixtures or shelving
• Mounting TVs or artwork
• Changing locks
• Installing security cameras
• Making any permanent modifications

4. Know Your Rights and Duties

Take time to read your lease agreements thoroughly. Also, search for your local tenant rights laws. Understanding your landlord repair responsibilities helps. You'll know what to do if there's ever an issue.

Make sure you review:

• Your complete lease agreement
• State landlord-tenant laws
• Local housing codes
• Tenant rights organizations in your area
• Fair housing laws
• Security deposit regulations

In Summary

Understanding every landlord repair responsibilities always starts with the tenant's right to a safe and livable home. With the Implied Warranty of Habitability guaranteeing this, it makes the rights of you as a tenant worth it. Therefore, whether you are a tenant looking for a safe place to live or simply a landlord, know how it works. These repair responsibilities can help to prevent conflicts and ensure the property remains in good condition. Then, by knowing your rights and duties, you can handle any maintenance issue when the time comes.

The landlord repair responsibilities are exactly why tenants and landlords should work together. Review lease agreements and other relevant legal forms involved. You can, however, create your lease agreements easily. Visit LegalDocs and get started now!

Frequently Asked Questions

What repairs are tenants responsible for fixing? Can my landlord make me pay for a repair I didn't cause?

No. Your landlord cannot legally charge you for repairs for wear and tear. The repairs are supposed to be their duties. To answer "What are landlords responsible for?", it typically includes major issues. It could be a leaking roof, a broken furnace, or faulty wiring. You'll see that these problems are due to the property's age or normal use, not your actions. However, to answer, “What repairs are tenants responsible for fixing?”, you are only responsible for the damage you, your guests, or your pets cause.

What are landlords responsible for fixing and how quickly?

Fixing things around the house is part of your landlord repair responsibilities. However, the timeline depends. It can be on how urgent the problem is and when the repair needs to be done. Some emergencies make the home unsafe or unlivable. They need to be repaired within 24 to 72 hours. For non-emergencies, states can allow up to 30 days. They can also allow a "reasonable" period for landlords to complete the repair.

Am I responsible for fixing an appliance that breaks?

It depends on why it broke. This is why you should ask about what repairs are tenants responsible for. Let's make an example of a refrigerator or stove that came with the unit, and it stops working. If it's due to normal wear and tear, then it's one of your landlord repair responsibilities. However, if you break the appliance due to misuse, then you're responsible. For example, slamming the oven door. 

Can my landlord just walk in to do repairs?

No. In almost all cases, your landlord must give you a notice in advance. It should typically be 24 to 48 hours. This is necessary before they enter your house for any repairs or inspections. The only reason this may not apply is if there's an emergency where they need immediate entry. This is in order to prevent serious damage to the property or to protect someone's safety. For example, stopping a major water leak or putting out a fire.

What if my landlord refuses to make necessary repairs?

If your landlord refuses to make necessary repairs, you have several options. First, send multiple written requests documenting the issue. Then, contact your local housing authority to file a complaint. You can then request an inspection. Depending on your state, you may be able to use remedies like repair and deduct or rent withholding. However, always follow legal procedures exactly. Consider consulting with a tenant rights organization or attorney for guidance.

Does renters' insurance cover damage from landlord negligence?

Renters’ insurance typically covers your personal belongings. This applies if they're damaged due to covered perils like water damage, fire, or theft. However, it usually won't cover damage caused by landlord negligence. If your landlord's failure to repair causes damage to your belongings, you may need to file a claim. File it against your landlord’s insurance or pursue legal action. Renters' insurance can still help with temporary housing costs if the property becomes uninhabitable.

Who pays for pest control in a rental property?

Generally, landlords repair responsibilities also include pest control. This is especially true in multi-unit buildings. They're responsible if the infestation is due to structural issues with the property. However, if the pest problem is caused by tenant behavior, such as leaving food out or not properly disposing of garbage, the tenant may be responsible. Your lease agreement should specify pest control responsibilities. Always report pest issues immediately to your landlord.