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Repairs and Maintenance: Who Pays?

What to check in your lease about repairs, maintenance, and who is responsible for what.

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Your lease should say who is responsible for repairs and maintenance—the landlord or you. If you don't read carefully, you might assume the landlord fixes everything—but some leases put minor repairs or maintenance on you, or use vague language that leads to disputes. Here's what to check about repairs and maintenance before you sign.

Landlord's responsibilities

In many places the law says the landlord must keep the property in a habitable condition—e.g. structure, heating, plumbing, safety. The lease may repeat that or add more (e.g. appliances, common areas). Check what the lease says the landlord must do—and compare with local law. The lease cannot usually reduce the landlord's legal duties; if it tries to, that part may be void.

Your responsibilities

The lease may say you must: keep the property clean and tidy; report repairs promptly; not cause damage (and pay for damage you cause); carry out minor maintenance (e.g. changing light bulbs, unblocking sinks if you caused the blockage). Some leases go further—e.g. you pay for all repairs under a certain amount, or you're responsible for appliances. That can be costly—so read carefully. If the lease says you're responsible for something the law puts on the landlord, get advice; that part may not be enforceable.

What to look for

  • Who fixes what. Is there a list of landlord vs tenant responsibilities? If not, the lease may be vague—and you may end up arguing. Push for clarity (e.g. landlord: structure, heating, plumbing; tenant: minor maintenance, damage you cause).
  • Reporting repairs. How do you report repairs? In writing? To whom? How quickly must the landlord respond? Some leases say nothing—local law may imply a reasonable time. Check your jurisdiction.
  • Emergency repairs. What if something urgent happens (e.g. burst pipe)? Can you arrange repair and deduct from rent, or must you wait for the landlord? The lease may say—if not, local law may allow emergency repairs in some cases. Know the rules.

BeforeYouSign can highlight repair and maintenance language in your lease so you know who pays for what—before you sign.

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