What landlords are legally required to repair

A landlord's repair responsibilities are set by state law, not by what the lease says. Most states require landlords to keep rental units habitable—meaning safe, clean, and functioning for basic living. This includes structural elements like walls and roofs, systems like plumbing and electrical wiring, and appliances the landlord provided.

The specific items vary by state, but nearly all require landlords to maintain heat, hot water, working toilets, and safe stairs or railings. Many also require functioning kitchen appliances if the landlord installed them, pest control if an infestation exists, and locks on exterior doors. A few states add requirements like air conditioning or working smoke detectors.

Your state's housing code or "implied warranty of habitability" law lists what counts as a landlord's responsibility. You can find this by searching "[your state] landlord repair responsibilities" or "[your state] habitability requirements" on your state's housing authority website or attorney general's office site.

Key Takeaways

  • Landlords must maintain systems and structures that affect safety and basic living—heat, water, plumbing, electrical, and structural integrity—regardless of what your lease says.
  • You must report repairs in writing (email or text counts) and give the landlord a reasonable timeframe, usually 14 to 30 days depending on the severity and your state.
  • If a landlord does not repair a serious issue, you may be able to withhold rent, pay for repairs yourself and deduct the cost, or break the lease without penalty in many states.
  • Minor cosmetic damage like paint, carpet wear, or small holes are typically the tenant's responsibility unless caused by normal use over time.
  • Emergency repairs like no heat in winter or a burst pipe may require the landlord to act within 24 to 48 hours, and you may be able to call a contractor and bill the landlord.

How to report a repair to your landlord

Always report repairs in writing. A text message, email, or photo sent through your lease management app creates a record that the landlord received notice. Avoid reporting only by phone or in person—if the repair is not made and you need to take action later, you will need proof you asked.

Include the date, a clear description of the problem, and photos if possible. For example: "The kitchen sink has been draining slowly for two weeks and now backs up completely. I have attached photos. Please let me know when you can repair this." Do not threaten or demand; straightforward state the problem and ask when it will be fixed.

Give the landlord a reasonable timeframe to respond. For non-emergency repairs, 14 to 30 days is standard in most states. For urgent problems—no heat in winter, a roof leak, a broken toilet—the timeframe is much shorter, usually 24 to 48 hours. Check your state's law or your lease for the specific important date.

What counts as the tenant's responsibility

You are responsible for damage you cause and for normal wear and tear you create through use. This includes broken windows from your actions, holes in walls from hanging pictures, stains on carpet from spills, and damage to appliances from misuse. It also includes minor cosmetic issues like scuffed paint or worn cabinet handles if they result from your use, not from age.

You are also responsible for maintaining cleanliness—removing trash, preventing pest infestations through sanitation, and keeping the unit in reasonable condition. If you cause a pest problem through poor housekeeping, the landlord can charge you for pest control. If the building has a pre-existing pest problem, that is the landlord's responsibility.

The line between normal wear and damage is important: a small nail hole from a picture frame is normal wear; a large hole from moving furniture is damage. Faded paint from sunlight is normal wear; paint damage from water leaks is the landlord's responsibility because the landlord must fix the leak.

What to do if the landlord does not make repairs

If the landlord ignores your written request after the reasonable timeframe has passed, your options depend on your state. Many states allow you to repair and deduct—you pay a contractor to fix the problem and subtract the cost from your next rent payment. Some states cap how much you can deduct (often 25 to 50 percent of monthly rent) and require you to give the landlord notice before you hire someone.

Other states allow you to withhold rent until the repair is made. You must put the rent in an escrow account (a separate account held by a neutral third party) or give it to the court, not keep it yourself. Withholding without escrow can be treated as non-payment and used against you in an eviction case.

In some states, you can break the lease without penalty if the unit becomes uninhabitable due to the landlord's failure to repair. This requires the problem to be serious—no heat for an extended period, for example—not a minor issue. You must follow your state's process, which usually means giving the landlord written notice and a final important date before you move out.

A few states allow you to sue for damages or file a complaint with the local housing authority. The housing authority can inspect the unit and order repairs, and in some cases can fine the landlord or place a hold on the property. Contact your city or county housing department to learn whether this option exists where you live.

Emergency repairs and who pays

An emergency repair is one that affects safety or basic living when ready—no heat in winter, a burst pipe flooding the unit, a gas leak, a broken toilet, or a roof leak. In most states, you can call a contractor yourself for an emergency and the landlord must pay, even if you did not get permission first. You must act reasonably (call a licensed contractor, not the cheapest option) and notify the landlord as soon as possible.

Keep all receipts and documentation. Send the landlord a copy of the invoice and explain why you had to act when ready. Most states require the landlord to reimburse you within 30 days. If the landlord refuses, you can deduct the cost from rent (following your state's rules) or sue in small claims court.

Do not assume something is an emergency without checking your state's definition. A slow leak is not an emergency; a flood is. A slightly low water temperature is not an emergency; no hot water at all is. When in doubt, contact your landlord first and ask them to respond within 24 hours.

Differences by state and local law

Repair responsibilities vary significantly by state. Some states have detailed housing codes that list every item a landlord must maintain. Others rely on a general "habitability" standard that courts interpret case by case. A few states give landlords more leeway, especially in rural areas or for single-family rentals.

Some cities and counties add their own requirements on top of state law. For example, a city might require landlords to provide air conditioning or to respond to repair requests within 10 days instead of 30. Always check both your state's law and your local housing code.

Your lease cannot remove or reduce the landlord's legal repair responsibilities. If your lease says "tenant is responsible for all repairs," that clause is not enforceable for items the law requires the landlord to maintain. The law overrides the lease.

Frequently Asked Questions

Can my landlord charge me for repairs I did not cause?

No. If a repair is the landlord's legal responsibility, the landlord must pay for it. The landlord cannot charge you for fixing the roof, replacing a broken toilet, or repairing the furnace. The landlord can charge you for repairs you caused through misuse or negligence.

How long can a landlord take to fix something?

For non-emergency repairs, most states allow 14 to 30 days. For emergencies like no heat or a burst pipe, the timeframe is much shorter—often 24 to 48 hours. Check your state's law for the exact important date. If the landlord misses the important date, you may have the right to repair and deduct or withhold rent.

What if my landlord says I caused the damage when I did not?

Document everything with photos and written communication. If you reported the problem in writing and the landlord did not respond, that supports your claim that it was a pre-existing issue. If the landlord tries to charge you for a repair you did not cause, you can dispute it in writing and, if necessary, in small claims court or during an eviction case.

Can I withhold rent if the landlord does not make repairs?

It depends on your state. Some states allow rent withholding; others do not. If your state allows it, you must usually place the rent in an escrow account or give it to the court, not keep it yourself. Withholding without following the proper procedure can be used against you in an eviction case, so check your state's exact rules first.

What if the landlord retaliates after I ask for repairs?

Most states have retaliation laws that protect tenants who report repairs, housing code violations, or safety issues. Retaliation includes raising rent, threatening eviction, or reducing services within a certain period (often 30 to 90 days) after you report a problem. If you believe you are being retaliated against, contact your local housing authority or a tenant rights organization for guidance.