Maintenance & Repairs: Rights and Responsibilities

Maintenance and repair responsibilities are among the most common sources of disputes between landlords and tenants, yet they are also areas where clear legal guidelines exist to protect both parties. Understanding who is responsible for what types of maintenance, how to properly request repairs, and what remedies are available when problems aren't addressed is essential for maintaining a positive rental relationship and ensuring safe, habitable living conditions. The division of maintenance responsibilities typically depends on the type of issue, its cause, and specific lease terms, but certain fundamental obligations cannot be shifted regardless of what the lease says. Landlords have non-waivable duties to maintain habitability, while tenants have obligations to avoid damage and report problems promptly.

Modern maintenance and repair law recognizes that rental properties require ongoing upkeep to remain safe and livable, and that both landlords and tenants play important roles in this process. Landlords must maintain the structural integrity and essential systems of the property, while tenants must use the property reasonably and report problems that could worsen if ignored. The key to successful maintenance relationships lies in clear communication, prompt action, and understanding of legal rights and remedies when problems arise. This comprehensive guide will help you navigate maintenance issues effectively, whether you're dealing with emergency repairs, routine upkeep, or disputes over responsibility. We'll also cover the legal remedies available when maintenance obligations aren't met and how to document issues properly.