My Apartment Needs Repairs – Who Pays?

Your apartment may need large or small repairs during your tenancy. No one really likes paying for repairs, so when your apartment needs those repairs, you will likely want your landlord to pay. The property owner gets the long-term benefits of investing in the rental property.

This article provides an overview of tenants’ rights and responsibilities regarding apartment repairs. It also addresses when landlords have to make apartment repairs. There may be gray areas around what constitutes a repair instead of regular maintenance.

While this article provides an overview, many landlord-tenant laws vary by state and county. To answer your specific questions, speak to a local and experienced tenant rights lawyer.

What Does the Lease Say About Repairs?

A lease is a contract between a tenant and landlord that establishes a landlord-tenant relationship. The lease also contains all the terms and conditions of the rental, like the start and end dates and the amount of the rent. Most lease agreements should specify who is responsible for repairs and maintenance.

You should review your lease to see if it identifies who pays for what repairs. There may also be a process for making repair requests and a reasonable time for making those repairs. If the lease is unclear, local laws may apply.

A lease or rental agreement should also contain language regarding the types of damage that will warrant eviction. For example, excessive damage caused by the renter may be grounds for eviction.

In some situations, major repairs may require you to move out temporarily. For example, the rental unit may need a new roof, and the property owner may have to provide temporary housing during the repair period.

What if the Lease Doesn’t Cover Maintenance?

Even if the lease doesn’t mention making repairs or maintenance, the landlord still has responsibilities. In most states, residential rental properties have an implied warranty of habitability. Even if the lease makes no promises, the property must remain habitable. The landlord is responsible for making sure the property meets basic conditions. Habitability can depend on local building codes and ordinances, including running hot water, sewage, and heating systems.

Is It a Repair or Maintenance?

There is a distinction between repair and maintenance. Landlords are typically responsible for necessary repairs and common area maintenance. Mowing the lawn, inspecting HVAC systems, and replacing lights in lobbies are common area maintenance. Apartment maintenance is usually the tenant’s responsibility.

A repair usually involves fixing something that has become non-functional due to damage or regular wear and tear. A broken window, a leaky faucet, or a malfunctioning dishwasher would generally be repairs. Replacing lightbulbs, taking out the trash, and cleaning are apartment maintenance.

Are Repairs Related to Pests?

Report pest infestations immediately to your landlord or property manager. Whether or not you are responsible for getting rid of them will depend on:

• Whether they were there before you moved in or if they are there because of tenant negligence — like not cleaning or improper food storage
• Whether the pests are in other apartments or just yours
• Whether the lease provides language on who is responsible

Is It Normal Wear and Tear or Damage?

Normal wear and tear refers to the normal, gradual, and expected deterioration of things from regular use. Landlords are typically responsible for replacing or repairing items damaged by normal wear and tear.

Damage occurs when things deteriorate due to negligence or misuse by the tenant. Carpets and appliances that wear down over time are usually the landlord’s responsibility. But if the carpet wears out quickly because you wear muddy work boots in the apartment, that could be your responsibility.

What Are the Landlord-Tenant Laws in Your State?

Landlord-tenant laws vary significantly from state to state and city to city. Local rules provide general rights and responsibilities for landlords and tenants. However, these laws can also be particular about repair responsibility.

Local and state laws often provide detailed outlines of who is responsible. A landlord renting one house may have different responsibilities than a property manager with hundreds of apartment units.

Landlord-tenant laws can also provide information on whether you can deduct the cost of repairs from your monthly rent. There are also limits on when your landlord can deduct the cost of repairs from your security deposit.

How Can a Tenant Rights Attorney Can Help?

If you find yourself in a situation where your apartment needs many repairs and your landlord is unwilling to pay, contact a tenant’s rights lawyer. An attorney can:

• Enforce your legal rights.
• Review your lease to determine your landlord’s responsibilities.
• Gather evidence, determine responsibility, and prepare a legal strategy.
• Contact your landlord. Sometimes, landlords respond differently to attorneys than to tenants.
• Negotiate a compromise that works for both parties.
• If necessary, begin legal action.

Contact a local and experienced tenant rights lawyer for valuable, tested legal advice.