What Are Landlords Responsible For Fixing? Know Your Legal Repair Obligations

Being a landlord isn’t easy. Between late rent payments, property maintenance, and tenant complaints, it can feel like you’re constantly putting out fires. One of the biggest sources of frustration? Repairs.

When something breaks, tenants often expect landlords to fix it—whether it’s a leaky faucet, a broken appliance, or a pest infestation. So, what are landlords responsible for fixing? And if tenants cause the damage themselves, what can you do to make sure you’re not stuck with the bill?

Here, we break down landlord vs. tenant repair responsibilities so you know exactly what repairs you’re required to handle—and how to avoid paying for the ones you shouldn’t have to.

At a Glance: What’s in This Article?

1. What Does a Landlord Have to Fix by Law?
2. Common Landlord Repair Responsibilities
3. What Repairs Are Tenants Responsible For?
4. What if a Tenant Refuses to Pay For Damage?
5. Tenant Rights: Can Tenants Withhold Rent For Repairs?
6. Tired of Being a Landlord? Here Are Your Options
7. Making the Right Choice: Know Your Responsibilities and Options

What Are Landlords Responsible For Fixing by Law?

If you’re wondering, “What does a landlord have to fix by law,” you’re not alone. Many landlords assume that if the lease doesn’t mention a repair, they don’t have to fix it. Unfortunately, that’s not how it works.

Landlords have a legal obligation to keep their rental properties in a safe and livable condition. Even if your lease doesn’t spell it out, most states have tenant protection laws that require landlords to handle certain repairs. These laws are based on local building codes and the implied warranty of habitability, which ensures that tenants have a safe and functional place to live.

If you ignore essential repairs, you could face legal consequences, fines, or even lawsuits, so as a landlord, you must understand what you are responsible for fixing.

The Implied Warranty of Habitability: What Landlords Can’t Ignore

Even if your lease agreement doesn’t say a word about repairs, the law does. The implied warranty of habitability requires all landlords to keep their rental units livable. That means:

• Heating, plumbing, and electrical systems must work
• The home must be structurally sound (No leaking roof, collapsing floors, or foundation issues)
• No hazardous conditions (Mold, pest infestations, exposed wiring, or other safety concerns)
• The unit must comply with local housing codes

Example: If your tenant’s furnace stops working in the middle of winter, you must repair it—even if they haven’t paid rent.

If you fail to maintain a habitable rental, your tenant may withhold rent, report you to the city, or sue you in small claims court.

Related: Learn how House Buyers of America relieved a landlord of his burden

Common Landlord Repair Responsibilities

While every rental situation is different, most landlords are responsible for the following repairs. If you own rental property, it’s important to know what you’re legally required to fix so you can budget accordingly and avoid disputes with tenants.

Pro tip: Always include clear maintenance clauses in your lease so tenants know what they are responsible for—and can’t claim ignorance later.

If a repair falls into one of these categories, you must take care of it—no exceptions.

1. Fixing Structural Damage

Landlords must repair:

• Foundation cracks or sinking
• Roof leaks or missing shingles
• Water damage caused by faulty construction
• Termite infestations affecting the structure
• Damage caused by natural disasters

Example: If your rental property’s foundation starts sinking, you must repair it, no exceptions. But if a tenant knocks a hole in the drywall, that’s their problem.

2. Maintaining Heating, Plumbing, and Electrical Systems

Landlords must keep these systems in working order:

• Heating – Furnaces, boilers, or any other heating system
• Plumbing – Leaks, clogs, and broken water heaters
• Electrical – Wiring, outlets, and circuit breakers

Example: If a tenant overloads an outlet and fries the circuit, they should pay for repairs. But if the wiring is faulty due to old age, that’s on you.

3. Fixing Health Hazards Caused by the Landlord

• Mold removal – Only if it’s caused by structural issues, leaks, or poor insulation
• Pest infestations – Only if they weren’t caused by tenant behavior

Example: If the tenant refuses to take out their trash and attracts rats, they pay for pest control. But if the building has bedbugs due to a pre-existing problem, that’s on you.

4. Repairing Appliances 

• If you included appliances in the lease (stove, fridge, dishwasher, etc.), you must repair or replace them if they break due to normal wear and tear.
• If a tenant misuses an appliance and breaks it, they are responsible.

Example: If a fridge stops cooling after 10 years, you replace it. If a tenant slams the oven door off its hinges, they pay for it.

Related: How to hire a property manager

What Repairs Are Tenants Responsible For?

“What are landlords responsible for fixing?” can be a loaded question in landlord-tenant relationships. Now that we know what landlords have to fix by law, let’s talk about what tenants must handle themselves.

1. Minor Repairs and Basic Upkeep

• Replacing light bulbs
• Unclogging a drain (if they caused the clog)
• Replacing smoke detector batteries
• Keeping the property clean

2. Fixing Damage They or Their Guests Caused

If a tenant or their guest damages your property, they must pay for repairs.

• Wall holes from hanging things improperly
• Broken fixtures
• Stained carpets
• Pet damage

Example: If a tenant’s dog chews the baseboards, can a landlord charge a tenant for damages? Absolutely. Deduct it from the security deposit.

3. Returning the Unit to Its Original Condition

If a tenant paints the walls, installs shelves, or makes other unauthorized changes, they must restore the property before moving out.

What If a Tenant Refuses to Pay for Damage?

If a tenant damages your rental property and refuses to pay for repairs, you have options. First, it’s crucial to document everything with photos, written communication, repair estimates, and receipts to protect yourself in case legal action is needed. Here are some additional steps you can take to ensure you get reimbursed for the damage:

1. Deduct from the Security Deposit

The easiest way to recover repair costs is to deduct the expense from the tenant’s security deposit.

2. Bill the Tenant for Repairs

Send an itemized invoice showing the cost of repairs. Make sure to provide receipts and documentation.

3. File in Small Claims Court

If the tenant refuses to pay, you may need to take them to small claims court. Keep detailed records, including photos and receipts, to support your case.

Tenant Rights: Can Tenants Withhold Rent for Repairs?

Tenants cannot withhold rent for minor inconveniences, but some states allow them to withhold rent if the unit is uninhabitable (e.g., no heat in winter).

In these states, tenants must follow specific legal steps, including:

• Notifying the landlord in writing
• Giving the landlord reasonable time to make repairs
• Depositing rent into an escrow account instead of withholding it outright

If tenants withhold rent without following these steps, they could be evicted.

When Can Tenants Withhold Rent?

• Only if state law allows it
• Only for serious habitability issues (No heat, no running water, unsafe conditions)

How Does Rent Escrow Work?

• Some states require tenants to pay rent into a court-supervised escrow account instead of withholding it outright.

Can Tenants Repair and Deduct From Rent?

• Only if local laws allow it
• The repair must be necessary for habitability
• Tenants must notify the landlord first

Example: If a heater breaks in winter and you ignore it, tenants can fix it and deduct the cost from rent.

Tired of Being a Landlord? Here Are Your Options

If you’re constantly dealing with maintenance issues, difficult tenants, late rent payments, or unexpected repair costs, you might be wondering if it’s time to step away from property management altogether. If you’re looking to free up your time, reduce stress, or cash out your investment, selling your rental property can be a smart move.

However, deciding how to sell is just as important as deciding to sell. There are three main options:

1. List the property with a real estate agent
2. Sell the property yourself (For Sale By Owner – FSBO)
3. Sell directly to a cash buyer or investment company

Each option has its pros and cons, depending on how quickly you want to sell, how much effort you’re willing to put in, and how much profit you want to make.

1. Listing With a Real Estate Agent

Selling with a real estate agent is the most traditional route and generally results in the highest sale price, but it also requires time, effort, and expenses. If your rental property is in good condition, and you don’t need to sell immediately, this might be the best way to maximize your return.

Pros:

• Potential to sell at market value or higher
• Real estate agent handles marketing, showings, and negotiations
• Access to the MLS (Multiple Listing Service), attracting more buyers

Cons:

• Takes time—it could take months to find a buyer and close
• You’ll need to make repairs and upgrades to get the best price
• Commissions and closing costs can eat into your profits
• Tenant complications—showing the property can be difficult if tenants are still living there

If your rental is occupied, you’ll also need to work around your tenant’s lease agreement, which could mean waiting until the lease expires or selling to an investor who is willing to inherit the tenant.

2. Selling the Property Yourself (For Sale By Owner – FSBO)

If you don’t want to pay a real estate agent’s commission, you might consider selling the rental yourself. This approach allows you to take full control of the process and potentially save money, but it requires more work.

Pros:

• No real estate agent commission fees (typically 5-6% of the sale price)
• You control the process—set your price, market the home, and negotiate directly
• Can be a good option if you already have an interested buyer

Cons:

• You’re responsible for marketing, showings, and paperwork
• Pricing mistakes—if you overprice, the home may sit on the market too long
• Legal risks—without a real estate agent, handling contracts and negotiations can be complicated
• Slower process—unless you find a buyer quickly, it could take months to sell

Selling FSBO works best if you already have a buyer lined up, such as a tenant who wants to purchase the home or an investor looking for rental properties. However, if you’re trying to sell to the general public, the process can be time-consuming and frustrating.

3. Selling to a Cash Buyer or Real Estate Investor

If you’re tired of being a landlord and want to sell quickly without dealing with repairs, showings, or financing delays, selling to a cash buyer or real estate investment company can be an ideal solution. This option allows you to sell your property As-Is, without making any repairs or dealing with tenant-related issues.

Pros:

• Fast sale – most cash buyers close within a few weeks
• No need for repairs or upgrades – sell the property in As-Is condition
• No real estate agent commissions or fees
• Avoid tenant issues – many cash buyers will take the property with tenants still in place

Cons:

• Lower sale price – cash buyers offer less than market value to cover their risk
• Fewer buyers – not all investors are interested in rental properties with problem tenants
• Potential for scams – it’s important to work with a reputable real estate investment company

This option is ideal for landlords who want to exit quickly without the stress of a long selling process. If your property has major repair issues or difficult tenants, selling to a cash buyer can save you time and hassle.

Making the Right Choice: Know Your Responsibilities and Options

Knowing what repairs are landlords legally responsible for can save you time, money, and stress. Whether you decide to hold onto your rental or sell it, understanding your rights and responsibilities will help you avoid disputes and protect your investment.

If you’re tired of managing repairs and tenant issues, it may be time to rethink your strategy. Some landlords choose to streamline their maintenance processes, while others decide to exit the rental business altogether. Whatever you choose, being informed about your options will help you make the best decision for your financial future and peace of mind.