Landlord Repairs: Responsibilities and Best Practices

Both landlords and tenants often get confused in regard to who exactly should handle specific repairs. There’s a leak; the refrigerator is broken; there’s mold growth around windows; there’s a crack in the wall; there’s a huge scratch on the glass door... Who handles what?

Luckily, there’s no room for guessing. The responsibilities of each party are clearly defined by local laws and regulations. Lease agreements further determine responsibility for repairs. If you want to learn more about tenant and landlord repairs and understand the duties of both parties in maintaining the rental property, read on!

Keep in mind that this article is for informational purposes only and is not legal advice. Landlord-tenant laws vary by state, city, and property type. Readers should consult a qualified attorney or local housing authority for guidance specific to their situation.

Quick Answer: Landlord Repairs for Rental Properties

Landlords are legally obliged to repair rental properties and maintain them in a safe and livable condition, addressing issues that affect the health and safety of the tenants. They must also guarantee basic living standards. This is mandated by the implied warranty of habitability.

Tenants, on the other hand, are responsible for minor repairs only, as well as for any damage they cause.

If the landlord works with a property management company like Streamline, there will likely be a property manager who will handle the repairs. Nonetheless, the landlord remains legally responsible for ensuring they are completed properly.

Landlord Repairs: Implied Warrant of Habitability

Most residential leases in the United States carry a legally enforceable guarantee known as the implied warranty of habitability. According to this guarantee, landlords must provide and maintain rental properties that meet basic living and safety standards throughout the tenancy period. The warranty exists regardless of whether it appears in the written lease agreement or not. Failure to maintain these habitability standards can lead to serious legal consequences for landlords, including financial penalties and lawsuits.

As such, based on the implied warranty of habitability, the landlord must provide:

Hot water
Heat during the cold season
Drinkable water
Working electricity
Smoke and carbon monoxide detectors
Working ventilating systems
Removal of insect or rodent infestation (if it’s not caused, for example, by poor tenant sanitation and food storage habits)
Working bathroom
Basic security features (e.g., door locks, lighting)
Conformity to local building codes

If any of these conditions aren’t met, tenants must provide written notice of issues to landlords, who are then required to act within a reasonable time frame, typically 14-30 days for non-emergencies.

That said, the implied warranty of habitability is limited in certain regions, and it is wise to seek legal advice before relying on it.

What Are Landlords Legally Required to Repair?

Landlord repair responsibilities, in general, fall into three categories: structural elements, essential systems, and health and safety features. These obligations also apply to issues that had existed before the tenancy began.

They also extend to problems that develop during the lease term, as long as they are not caused by tenant negligence.

Foundation and Load-Bearing Issues

The foundation is the base on which the entire property rests. Because of this, landlords bear full responsibility for addressing cracks, settling problems, or instability that could compromise structural safety.

This includes internal load-bearing walls that support upper floors or the roof structure.

Roofing Systems

Roof issues fall within the landlord's responsibilities. They must handle any problems linked tiles, shingles, flashing, and underlying structural elements.

For example, if the roof is leaking and it causes water damage or mold growth or compromises interior habitability, the tenant should immediately inform the landlord about this, as it's not their responsibility to fix it.

Exterior Walls and Envelope Problems

External wall, window, and door repairs, in general, fall within specific legal obligations for landlords, who must maintain weatherproofing, seals, and the structural integrity of exterior surfaces.

For example, a broken window frame or a compromised exterior wall that allow water infiltration or security breaches must be repaired promptly by the landlord.

Drainage and Water Management

Landlords must repair blocked gutters, damaged downspouts, or faulty external drainage systems that cause water to pool near foundations or leak into the property.

Common Areas in Multi-Unit Buildings

Apartment building owners are responsible for repairs in both individual unit structures and communal areas. They must handle repairs related to staircases, hallways, entryways, and shared facilities.

These areas must remain reasonably clean, sanitary, and safe from defects that can increase the risk of fire or accidents.

Water Supply and Plumbing Systems

Landlords must regularly check that the plumbing system functions properly. They must handle repairs related to pipes, fixtures, and appliances that provide water and remove waste. Therefore, landlords must:

Fix leaking pipes and burst pipes, as well as water supply interruptions
Maintain water heaters
Ensure adequate hot water availability
Address clogged main sewer lines
Repair sinks, bathtubs, toilets, and associated fixtures
Guarantee adequate water pressure throughout the property
Replace broken appliances as a result of aging

Electrical Systems

Landlords bear responsibility for maintaining a safe and functional electrical infrastructure. They must:

Guarantee that wiring is in good condition without exposed hazards
Maintain circuit breakers and electrical panels
Provide a sufficient power supply for normal residential use
Repair faulty outlets, switches, and light fixtures
Address power outages affecting the rental unit

Heating, Ventilation, and Air Conditioning

In this regard, we should mention that HVAC system responsibilities vary by climate. For example, the states in regions with a cold climate require heating system maintenance. On the other hand, air conditioning obligations depend on state law and rental agreement terms.

Landlord HVAC obligations typically include:

Boiler maintenance and repair
Radiator and heating distribution system upkeep
Air conditioning unit repairs where the climate requires cooling
Ventilation system maintenance for air quality
Thermostat controls and functionality

Gas Systems and Appliances

In the case of properties with gas service, landlords must maintain gas lines, connections, appliances, and leak prevention systems. This includes guaranteeing proper ventilation for gas appliances and maintaining carbon monoxide detection systems as required by law.

Smoke and Carbon Monoxide Detection Systems

Modern rental properties must have functional smoke and carbon monoxide detection systems. In general, landlords are required to install them, but tenants are often responsible for maintaining them (e.g., replacing the batteries).

Pest Control and Infestation Management

Landlords must address pest infestations that affect habitability. For example, they must handle rodent, bed bug, and insect infestations, unless the infestation was caused by the tenant's behavior.

Mold Growth

The dampness caused by leaks, poor ventilation, or water intrusion leads to mold growth, which is a health hazard. In this case, landlords must investigate the problem, remove the mold, dispose of mold-contaminated materials, and fix the issue that made mold growth possible in the first place.

Security Issues

The tenant's safety depends on the presence of functional locks on doors and windows. Given this, landlords must repair or replace broken locks quickly, confirm that window security features operate properly, and maintain adequate lighting in common areas to prevent security risks.

Sanitation and Waste Removal

Sometimes, landlords are responsible for providing proper receptacles for garbage disposal. They are also responsible for maintaining sewage systems and ensuring that waste is properly removed from the property.

Emergency vs. Non-Emergency Repairs

The urgency of a repair influences how quickly landlords must respond and what remedies are available for tenants if the landlords fail to address the problem.

Emergency Repairs

Emergency repairs are linked to conditions that pose an immediate threat to the health and safety of the tenant and to the habitability of the rental unit. Emergency repairs, like having no heat in winter or major plumbing failures, must be addressed within 24 to 72 hours, depending on state or local law.

Here are some examples of emergency repairs:

Loss of heat during cold weather
Gas leaks or suspected gas odors
Major plumbing failures, such as burst pipes or sewage backups
Electrical hazards, including exposed wiring or power loss affecting essential systems
Flooding or significant water intrusion
Broken exterior doors or locks that compromise security
Fire hazards or nonfunctional smoke and carbon monoxide detectors

Non-Emergency Repairs

Non-emergency repairs involve issues that do not immediately endanger the tenants or make the unit uninhabitable. They’re still the landlord’s responsibility, but these repairs may be addressed within a longer, “reasonable” timeframe.

Here are some examples of non-emergency repairs:

Minor leaks that do not cause water damage
Malfunctioning appliances that are not essential to habitability
Cosmetic damage, such as chipped paint or cracked tiles
Nonessential lighting or outlet issues
Cabinet, door, or fixture repairs

Tenant Rights: Can The Landlord Access the Unit for Repairs?

Landlords are indeed legally responsible for making repairs. But they must also respect tenants’ right to privacy when accessing the rental unit. Here are some general rules when it comes to landlord access rights for repairs:

In most states, landlords must provide a written notice before entering a rental unit for repairs - usually 24-48 hours, depending on state law. The notice should specify the reason for entry, the date of the entry, and approximate time of entry.
In the case of emergency repairs, landlords may enter a rental unit without prior notice. This can happen in the case of fires, flooding, gas leaks, and situations posing immediate danger to the tenants or the property. But emergency access is limited strictly to addressing the urgent issue.
Tenants are required to provide reasonable access for necessary repairs.
Landlords who enter without proper notice, outside permitted hours, or for non-repair purposes may violate tenant privacy laws. Repeated or abusive entry can constitute harassment and may give tenants grounds for legal action.

How To Request Landlord Repairs

If you, as a tenant, notice a problem that requires the landlord’s involvement for the repair, you must follow the proper procedure to inform the landlord and request the repair. This will strengthen your legal position and provide the fastest possible resolution.

Here are the steps to request repairs.

Step 1: Draft and Send a Written Notice

Even if you initially speak to the landlord on the phone, don't forget to submit any repair requests in writing. This way, you have well-documented records of the date and nature of the request. The written request should:

Describe the problem in a very specific manner
Explain how it affects habitability
Reference relevant lease provisions
Request action within the statutory timeframe

Tenants should document any problems with photos, videos, and written details before submitting any repair requests.

Step 2: Allow Reasonable Time

Most states have timeframes for habitability repairs. Therefore, landlords must act within these deadlines or face financial penalties.

If the timeframe is unspecified, they must respond within a "reasonable" period. What constitutes reasonable depends on:

The severity of the issue (emergency vs. minor)
The availability of repair professionals
The complexity of the repair
The weather conditions in the case of exterior work

Step 3: Follow-Up with Documentation

If the landlord fails to respond, tenants should:

Send a second written notice referencing the first.
Photograph or video the problem.
Keep copies of all correspondence.
Document any health or safety impacts.
Save receipts for expenses incurred.

What to Do If the Landlord Fails to Make the Repair?

Tenants have several legal solutions if landlords neglect their repair obligations. However, these procedures vary by state, so it’s important to always check state and local laws and regulations.

Communicate with the Landlord

The first thing tenants should do if the landlord refuses or fails to make the necessary repairs is to communicate with them clearly, in writing. In such situations, the nature of the landlord-tenant relationship is very important.

Tenants should provide landlords with a Repair Notice. If the landlord still does not fix the issue, the tenant can file a complaint with local housing authorities or seek remedy in small claims court. They will conduct official inspections. If necessary, they can compel landlord action. Landlords cannot legally retaliate against tenants for making good-faith complaints to authorities.

Repair and Deduct

In some states, tenants can handle the repairs themselves if the landlord doesn’t respond within 14 days after being informed of the needed repairs (the exact timeline varies by state). Then, the tenants can subtract the costs from the monthly rent. But to be able to do that, tenants should:

Provide written notice and wait for the statutory period.
Confirm that the repairs are necessary for habitability.
Use licensed contractors when required.
Keep costs reasonable and documented.

If the landlord refuses to make repairs, the tenants should consult with a local tenant advocacy group before making any repairs themselves. This way, they can make sure they’re following all local laws and regulations. For example, the repair-and-deduct method is prohibited in some regions.

Withhold Rent

In some regions, tenants can withhold rent payment if the landlord does not provide essential services like running water or adequate heat. However, this is a risky strategy that requires careful adherence to state law. Therefore, it is wise for tenants to consult with an attorney before doing this to avoid legal consequences associated with unpaid rent.

Take Legal Action

Tenants may sue landlords for breach of the implied warranty of habitability, seeking:

Compensatory damages for reduced rental value
Reimbursement for repairs paid out-of-pocket
Consequential damages for health problems or property damage

Are Tenants Protected Against Retaliation?

U.S. landlord-tenant laws prohibit landlords from retaliating against tenants who assert their legal right to request repairs or report habitability violations. Retaliation protections are meant to guarantee the tenants that they can ask for repairs without fear of punishment from landlords.

What Does Retaliation Mean?

Retaliation occurs when a landlord takes adverse action against a tenant because the tenant engaged in a legally protected activity. Here are some examples of prohibited retaliation:

Raising rent
Threatening or initiating eviction
Refusing to renew a lease contract
Failing to provide essential services or amenities
Harassing or intimidating the tenant

Protected Tenant Activities

Tenants are, more often than not, protected when they:

Request repairs in good faith
Report housing code violations to local authorities
Contact health or building inspectors
Join or organize a tenant union
File a legal complaint or lawsuit regarding habitability

In many states, if a landlord takes adverse action within a specified period after a tenant engages in a protected activity, the law presumes that the action is retaliatory unless the landlord can prove a legitimate, non-retaliatory reason.

Why Are Home Inspections So Important?

Home inspections play an important role in establishing and enforcing landlord repair responsibilities. Inspections help both tenants and landlords. Here's how:

They help them document the property's conditions.
They help them identify the needed repairs.
They can clarify whether the damage is the landlord’s or tenant’s responsibility.

As such, at the start and end of a tenancy, landlords must provide tenants with a checklist established during pre-move-in and post-move-out inspections.

Pre-Move-In Inspections

Before a tenant moves in, landlords should conduct a comprehensive rental unit inspection, as mentioned earlier. This way, they can be sure that the housing unit meets basic habitability standards. This inspection identifies pre-existing issues, so they could be distinguished from any issues caused by the tenant later on. Any habitability-related problems identified at this stage remain the property owner's responsibility to repair before or shortly after occupancy.

Pre-move-in inspections typically document the condition of:

Structural elements
Plumbing, electrical, and HVAC systems
Appliances provided with the unit
Safety features such as locks and smoke detectors

Inspections During Tenancy

During occupancy, landlords may conduct periodic inspections to:

Identify maintenance or repair needs.
Guarantee building systems remain functional.
Address health or safety concerns before they worsen.

These inspections must comply with state notice requirements and respect tenant privacy. If an inspection reveals conditions affecting habitability, the property owner is responsible for making timely repairs, regardless of whether the issue developed before or during the lease term.

Move-Out Inspections

Once the tenant vacates after lease termination, landlords typically conduct a final inspection to assess the property’s condition. This inspection is used to:

Identify damage beyond normal wear and tear.
Determine whether security deposit deductions are justified.
Confirm that the landlord-required repairs unrelated to tenant damage are addressed.

Landlords cannot charge tenants for repairs related to ordinary use or aging of the property.

What Repairs Are Tenants Responsible For?

Tenants are normally responsible for maintaining the property properly and for repairs caused by tenant negligence. Moreover, tenants must report repair issues promptly to prevent further damage.

Damage beyond normal wear and tear caused by tenants, guests, or pets becomes the tenant's financial responsibility.

Here are the repairs and maintenance issues that tenants are responsible for:

Minor maintenance, such as replacing light bulbs and smoke detector batteries
Keeping the property clean and sanitary
Preventing damage through reasonable care
Using appliances and fixtures properly
Providing written notice of issues to landlords

When Can a Landlord Make a Tenant Pay for Repairs?

In general, landlords cannot require tenants to pay for repairs (or subtract the amount paid for the repairs from the security deposit) that fall under the landlord’s legal duty to maintain a habitable property (see above).

However, landlords may require tenants to pay for repairs or deduct costs from the security deposit when the damage is caused by the tenant, their guests, or their pets, and goes beyond normal wear and tear.

Damage Caused by the Tenant

Damage caused by the tenant results from negligence or misuse. Landlords may charge tenants for repairs resulting from:

Carelessness, misuse, or neglect
Unauthorized alterations
Damage caused by guests or pets
Failure to report problems that worsened caused by the delay
Improper use of appliances
Flushing improper items in the toilet
Overloaded electrical outlets

…and others. In these situations, landlords may either bill the tenant directly or deduct reasonable repair costs from the security deposit at move-out.

If the tenant refuses to pay for repairs, the landlord can seek legal recourse.

Normal Wear and Tear (Not Chargeable)

Normal wear and tear refers to the deterioration caused by normal use of the property, such as:

Faded paint or worn flooring
Aging appliances or systems
Plumbing or electrical failures as a consequence of normal use
Repairs needed to comply with housing codes

The costs related to these maintenance and repair issues remain the landlord’s responsibility. They cannot legally be shifted to the tenant.

Security Deposit Details

Security deposits are intended to cover tenant-caused damage. They should not be used for routine maintenance or habitability repairs. Most states require landlords to:

Provide an itemized list of deductions.
Deduct only reasonable and documented repair costs.
Return any remaining deposit within a set timeframe.

FAQs

How long does your landlord have to make repairs?

The timeframe required for landlords to make repairs varies by state and local laws. More often than not, emergency repairs must be handled within 24-72 hours, while non-emergency repairs must be addressed within 14 days.

What is a reasonable time for a landlord to make repairs?

A reasonable time for a landlord to make repairs is between 24 hours and 30 days, depending on the issue and its severity.

Are landlords supposed to fix things?

Yes, landlords are supposed to fix any issues that affect the rental property's habitability and safety, unless the issues are caused by tenant misuse or negligence.