What landlords are legally required to provide

Your landlord is responsible for keeping the rental property in a condition that is safe to live in. This means the building structure, roof, walls, and foundation must not leak or collapse. Plumbing must work so you can access clean water and dispose of waste. Electrical systems must be safe and provide power to outlets and lights. Heat must reach a livable temperature during cold months—the exact temperature varies by state, but typically ranges from 65 to 70 degrees Fahrenheit. Your landlord must also maintain common areas like hallways, stairs, and shared laundry rooms.

Beyond the basics, landlords must keep the property free from pests, mold, and hazardous materials. Lead paint disclosure is required in homes built before 1978. Smoke detectors and carbon monoxide detectors must be installed and working. Locks on doors and windows must function so you can find the space. If something breaks due to normal wear and tear—a faucet that leaks, a window that won't close, a light fixture that stops working—your landlord pays to fix it, not you.

Key Takeaways

  • Landlords must provide safe, habitable housing with working plumbing, electrical systems, heat, and a structurally sound building.
  • Your landlord is responsible for repairs caused by normal wear and tear, including broken fixtures, leaks, and failed appliances they provided.
  • Landlords must maintain common areas, remove pests and mold, and install working smoke and carbon monoxide detectors.
  • You are responsible for damage you cause intentionally or through negligence, and for maintaining the property in the condition you received it.
  • If your landlord does not make repairs, you have the right to contact your local housing authority or withhold rent in some states—but the process varies by location.

Repairs your landlord must pay for

If a pipe bursts, the toilet overflows, the shower valve fails, or the kitchen sink backs up, your landlord pays. If the furnace stops heating, the air conditioning unit fails, or the water heater breaks, your landlord pays. If the roof leaks, the foundation cracks, the siding rots, or a window frame deteriorates, your landlord pays. These are all failures of the building itself or systems that came with it.

The key distinction is normal wear and tear versus damage you caused. A carpet that has worn thin from foot traffic over three years is normal wear and tear—your landlord replaces it. A carpet with a large burn hole from a cigarette is damage you caused—you pay. A wall that has faded from sunlight is normal wear and tear. A wall with a hole from a nail or a large dent is damage you caused. Paint that peels from age is normal wear and tear. Paint that is scratched or marked is usually your responsibility.

What you are responsible for as a tenant

You are responsible for damage you cause intentionally or through carelessness. If you break a window by throwing something, you pay. If you punch a hole in the wall, you pay. If you spill something that stains the carpet or flooring, you pay. If you leave the stove on and damage the kitchen, you pay. If you allow water to overflow from a bathtub and damage the floor below, you pay.

You are also responsible for keeping the space reasonably clean and not allowing conditions that damage the property. If you leave food out and attract pests, that is on you. If you block vents and cause mold to grow, that is on you. If you fail to report a leak for weeks and it spreads, you may share responsibility. The standard is that you must use the space as a reasonable person would and report problems promptly.

How to report repairs to your landlord

Put repair requests in writing—email, text message, or a letter—so you have a record. Include the date, the location in the unit, what is broken or not working, and when you first noticed it. "The kitchen sink is backing up" is clear. "Something is wrong" is not. If it is an emergency—no heat in winter, a gas leak, a major flood, no water—call your landlord by phone first, then follow up in writing.

Keep copies of every message you send. Most states require landlords to respond within a set timeframe, usually 14 to 30 days depending on the severity. If your landlord ignores the request, you have options: contact your local housing authority to file a complaint, request that the landlord make repairs in writing and set a important date, or in some states, withhold rent or pay for the repair yourself and deduct it from rent. The exact rules vary by state and city, so check your local tenant rights before taking action.

Repairs landlords are not responsible for

You are responsible for minor maintenance that does not involve the structure or major systems. If a light bulb burns out, you replace it. If a cabinet hinge loosens, you tighten it. If a door squeaks, you oil it. If a faucet aerator clogs, you clean it. These are small tasks that do not require a contractor.

You are also responsible for damage caused by your guests or family members, and for any modifications you make to the space. If you drill holes to hang shelves and then move out, you must patch and paint them. If you install a ceiling fan and damage the electrical box, you pay to restore it. If you paint a wall a different color without permission and then move out, you typically must repaint it to the original color. Check your lease for specific rules about what you can and cannot do to the space.

When landlords fail to maintain the property

If your landlord refuses to make necessary repairs, the property may become uninhabitable—meaning it is not safe or legal to live in. No heat in winter, no running water, a roof that leaks into the bedroom, or a severe mold problem are examples. In most states, you have the right to break the lease and move out without penalty, or to withhold rent until repairs are made, or to pay for repairs yourself and deduct the cost from rent. Some states allow you to file a complaint with the housing authority, which can force the landlord to make repairs or face fines.

The process and your rights vary significantly by state and city. Some places require you to give written notice and wait 14 days before taking action. Others allow you to act when ready in emergencies. Some states allow rent withholding; others do not. Before you withhold rent or break a lease, contact your local housing authority or a tenant rights organization to understand what you can legally do. Taking the wrong action could give your landlord grounds to evict you, even if the repairs are genuinely their responsibility.

Appliances and other items in the rental

If an appliance came with the rental—a refrigerator, stove, dishwasher, washer, or dryer—your landlord is responsible for keeping it in working order. If the refrigerator stops cooling, the stove burner fails, or the dishwasher leaks, your landlord pays to repair or replace it. If you damage an appliance through misuse, you may be responsible for the repair.

If an appliance was not in the unit when you moved in, it is yours, and you are responsible for maintaining it. If you brought your own refrigerator and it breaks, that is your cost. The lease should specify which appliances are included. If it does not, ask your landlord in writing before you move in so there is no confusion later.

Frequently Asked Questions

Who pays if the air conditioning breaks in summer?

Your landlord pays if the air conditioning unit came with the rental. However, air conditioning is not always legally required the way heat is. Check your lease and local tenant laws—some states do not require landlords to provide AC. If it is included and breaks, report it in writing and give your landlord a reasonable timeframe to repair it.

Can my landlord charge me for normal wear and tear when I move out?

No. Normal wear and tear is the landlord's responsibility. They cannot deduct from your security deposit for faded paint, worn carpet, or minor scuffs. They can deduct for damage you caused—large stains, holes, broken fixtures—but the damage must be beyond normal use. If your landlord deducts unfairly, you can dispute it in small claims court.

What if my landlord enters the unit to make repairs without notice?

Most states require landlords to give 24 to 48 hours' written notice before entering, except in emergencies like a fire or gas leak. If your landlord enters without proper notice, that is a violation of your right to privacy. Document it and contact your local housing authority or a tenant rights organization.

Do I have to pay rent if the landlord is not making repairs?

It depends on your state and the severity of the problem. Some states allow rent withholding if the property becomes uninhabitable; others do not. Before you stop paying rent, contact your local housing authority or a tenant rights group to understand your options. Withholding rent without legal grounds can result in eviction.

Who pays if I accidentally damage something while the landlord is making repairs?

If the landlord's contractor damages something while making repairs, the landlord is responsible. If you damage something while the contractor is working, you are responsible. Keep the space clear when repairs are scheduled, and document any damage with photos and a written note to your landlord when ready.