Tenants who rent apartments or houses have the right to live in housing that is habitable. That means landlords must complete repairs that prevent tenants from living there safely and comfortably. Some issues are minor or cosmetic, however, and responsibility for those can vary.
What Must a Landlord Fix?
To keep a rental habitable, a landlord must ensure the unit is structurally sound and provides essential services. Typical landlord responsibilities include maintaining safe electrical, heating, plumbing, and ventilation systems, providing hot and cold running water, and keeping the roof free of leaks.
Landlords are also generally responsible for removing pest infestations unless the infestation was caused by a tenant’s poor housekeeping or other tenant wrongdoing.
What Does a Landlord Not Have to Fix?
Certain minor problems in a rental property are usually the tenant’s responsibility or are considered cosmetic. Examples of minor repairs or upkeep that landlords often do not have to fix include:
- Running toilets or minor toilet adjustments
- Leaking faucets
- Small carpet holes or stains
- Torn window screens
- Dirty grout or other cosmetic cleaning tasks
When minor repairs become the landlord’s responsibility
There are only three common situations when a landlord must fix minor or cosmetic problems:
- The rental agreement explicitly lists the repair as the landlord’s responsibility.
- The landlord made a verbal or written promise to complete the repair.
- State or local building codes require the landlord to make the repair.
How to get a Landlord to Make Repairs
If a landlord is slow to make needed repairs, tenants have several options. First, avoid withholding rent or making the repair yourself and deducting the cost from rent without following your state’s legal process, since that can lead to eviction or other penalties.
Put your repair request in writing. Describe the exact problem, explain why it poses a safety or habitability concern, and note any potential cost or liability the landlord may face by delaying the repair.
Mediation can be a useful next step; many areas offer free or low-cost mediation services to help tenants and landlords reach an agreement. You may also report code violations to local building or housing authorities, who can inspect the property and order repairs if violations are found.
A lawsuit is typically a last resort and may require proof that the defect reduced the rental value; pursuing court action can end the tenant–landlord relationship.
Additional considerations
Both tenants and landlords should confirm they have appropriate insurance coverage as an extra layer of protection. Landlords who operate rental businesses or storefronts may review related policy information such as Motor Home Rental Insurance to understand business exposures and Segway Rental Operators Insurance for similar rental-operator risks.
If you need personalized help evaluating insurance options or coverage limits, consider talking to an agent.
Frequently Asked Questions
Can I withhold rent until repairs are made?
Withholding rent can have legal consequences and is only permitted under limited, state-specific rules; it is safer to document requests in writing and use local enforcement or mediation first.
Who pays to remove pests in a rental unit?
Landlords are usually responsible for pest removal unless the infestation is caused by the tenant’s actions or negligence.
What should I do if my landlord ignores a serious repair request?
Document the request in writing, contact local housing or building code enforcement, and consider mediation or legal advice if the issue is not resolved.