Guide
Who pays for repairs in a rental: landlord vs. tenant responsibilities, item by item
Updated
The rule is simpler than the arguments suggest: the landlord pays to keep the unit habitable and its systems working; the tenant pays for damage they caused beyond normal wear. Everything else is a lease clause or a judgment call, and the judgment calls are where tenancies go bad.
The rule
- Landlord: structure, roof, plumbing, electrical, heating and cooling, appliances supplied with the unit, pests that were present at move-in or arise from the building, and anything required by the implied warranty of habitability or local code — regardless of what the lease says.
- Tenant: damage caused by the tenant, their household, guests, or pets beyond normal wear and tear; consumables the lease assigns to them (bulbs, batteries, filters); anything the lease legitimately makes theirs (lawn care, snow, minor upkeep) where state law allows.
- Normal wear and tear is the landlord's, always: worn carpet paths, small nail holes, faded paint, a toilet flapper that gave out.
The lease can shift small upkeep to the tenant but cannot shift habitability. A clause making the tenant responsible for "all repairs" is unenforceable in most states for anything that affects habitability.
Forty common repairs, who usually pays
L = landlord, T = tenant, L/T = depends on cause. Your lease and state may differ.
- Plumbing: leaking pipe (L) · dripping faucet (L) · running toilet (L) · clogged toilet (L/T — T only if the plumber names a tenant-caused cause) · clogged kitchen drain (L/T — grease is T) · water heater (L) · frozen pipe (L, unless the tenant turned the heat off) · garbage disposal jammed (L/T).
- Electrical: outlet dead (L) · breaker tripping (L) · light fixture (L) · bulbs (T, if the lease says so) · smoke detector unit (L) · smoke detector batteries (L/T per lease, L in many states).
- HVAC: furnace (L) · AC (L) · filters (T, if the lease says so and you supply them) · thermostat (L, unless damaged).
- Appliances supplied: fridge, stove, dishwasher, washer/dryer (L) · microwave (L) · damage from misuse, e.g. a cracked glass cooktop from a dropped pot (T).
- Doors and windows: lock failed (L) · lost keys / lockout (T) · broken window from weather or age (L) · broken window from inside (T) · screens (L/T) · interior door damage (T).
- Surfaces: paint after 3+ years (L) · large holes, crayon, unauthorized paint (T) · carpet worn (L) · carpet stained or pet-damaged (T) · flooring water damage from a leak (L) · from an overflowing tub left running (T).
- Pests: roaches, mice at or after move-in in a multi-unit building (L) · bedbugs (L/T, heavily state-dependent; act first, argue later) · ants, wasps outside (L).
- Exterior: roof, gutters, siding, foundation, fences, driveway (L) · lawn, snow (per lease; L in multi-unit).
- Mold: from a leak or building moisture (L) · from tenant behavior like never running the bathroom fan, after written instruction (T, hard to prove; usually L in practice).
How to charge a tenant without a fight
- Fix it first. Never make a repair wait on who pays; the delay costs more than the invoice.
- Get the cause in writing from the vendor, on the invoice. "Removed wipes from line" is a charge-back; "cleared clog" is not.
- Cite the lease clause and attach the invoice. Charge the actual cost, no markup, no "admin fee" unless the lease sets one.
- Offer a plan if it is large. A tenant who can pay $60 a month will; a tenant handed a $600 bill may stop reporting problems, which costs you more.
The [plumber] found [wipes in the line] — invoice attached, [$]. Under section [x] of the lease that's a tenant charge. I'll add it to next month's rent, or you can pay it now, whichever's easier. And thanks for reporting it quickly.
Questions
Can I make the tenant pay for all repairs under $100?
Some states allow a lease clause making tenants responsible for minor repairs up to a small amount, but it cannot cover habitability items and it invites disputes. Most small landlords are better off covering small repairs and charging only for tenant-caused damage.
Can I deduct repairs from the security deposit during the tenancy?
Generally no — the deposit is settled at move-out under your state's rules. Charge-backs during the tenancy are billed separately, per the lease.