Repairs and Maintenance FAQs: Who Fixes What, and When

When something breaks in a rental, the first question is always who fixes it — and how fast. Repair responsibilities, response times, and tenant remedies all depend on the lease and on state law, which makes it easy to get wrong. Here are the answers to the questions tenants and landlords ask most, with links to the tools and state pages that can help.

Who Fixes What

What must landlords maintain?

Landlords must keep the unit habitable — a duty most states call the implied warranty of habitability. That means maintaining the structure (roof, walls, floors), plumbing, electrical systems, heating, and hot water, keeping common areas safe, and providing working doors, locks, and windows. The unit must also be free of serious health hazards. The specifics vary by state, but the baseline is a safe, livable home. If a landlord fails these basics, the tenant may have legal options. Our tenant rights and responsibilities guide explains the details.

What are tenants responsible for?

Tenants are responsible for daily upkeep and for damage they cause: keeping the unit clean and sanitary, disposing of trash, using appliances properly, and promptly reporting problems to the landlord. Tenants also generally pay for repairs caused by their own misuse — a broken window or a clogged drain, for example — while normal wear and tear remains the landlord's cost. A tenant who reports a problem early prevents minor issues from becoming major ones. The division of responsibilities should be written clearly in the lease agreement so there are no surprises.

Who pays for normal wear and tear versus tenant damage?

Normal wear and tear — faded paint, lightly worn carpet, small nail holes — is the landlord's cost, part of owning a rental. Tenant-caused damage — holes in walls, broken fixtures, large stains — is the tenant's cost and can be deducted from the security deposit. The line between the two is a common source of disputes, which is why a move-in inspection with photos and a written checklist is so valuable: it establishes the unit's condition from day one. Our security deposit laws by state guide explains what can be deducted.

Response Times and Emergencies

How quickly must landlords make repairs?

Response times depend on the severity of the problem and on state law. Emergencies — no heat in freezing weather, a major leak, a broken lock — must generally be addressed immediately or within a day or two. Non-emergency repairs get more time, sometimes a few weeks, and some states set specific deadlines by type of repair. If the lease states a repair time frame, that language usually controls. Landlords who respond promptly and document their work are on firmer footing. Repair deadlines vary by state, so check your state's rules on our state-specific pages.

What counts as an emergency repair?

An emergency repair is a problem that threatens health, safety, or the property itself: no heat in winter, no hot water, a gas leak, a major water leak or flood, a broken toilet, or a door that will not lock. These need immediate attention — typically same-day or next-day response — because delay creates serious damage or danger. Tenants should contact the landlord right away and follow up in writing, and the lease should list an after-hours contact method. Landlords who ignore true emergencies expose themselves to liability. Our guide to landlord rights and responsibilities covers these obligations.

When Repairs Are Ignored

Can tenants repair and deduct?

Some states allow repair-and-deduct: the tenant fixes a serious problem, pays for it, and deducts the cost from the next rent payment — but only under strict conditions. Typically the problem must affect habitability, the tenant must give written notice and a reasonable chance for the landlord to fix it, and the cost must be reasonable and documented. Many states do not allow this at all, and getting the procedure wrong can put the tenancy at risk. When it is available, it is a remedy of last resort — and the written notice is what makes it legal.

Can tenants withhold rent or pay rent into escrow?

Rent withholding and escrow are serious remedies available in some states, and only after careful steps. Tenants usually must give written notice of the defect, allow the landlord a reasonable time to fix it, and — in escrow states — deposit the rent with the court or a designated agency while the issue is unresolved. Withholding rent without following the exact procedure can be treated as nonpayment and lead to eviction. This is one of the riskiest areas of landlord-tenant law: check your state's requirements before acting, and keep copies of every notice.

Entry, Retaliation, and Documentation

Do landlords need to give notice before entering?

In most states, yes — landlords must give reasonable advance notice before entering, typically 24 hours, and entry must be at reasonable times and for legitimate purposes like repairs, inspections, or showing the unit. Emergency entry without notice is allowed when there is an immediate threat to safety or property. Tenants should not unreasonably refuse access for legitimate repairs, and landlords should document the notice they gave. State rules vary, so check your state's requirements and write the entry expectations into the lease agreement from the start.

Can landlords retaliate against tenants who request repairs?

No — in most states, retaliating against a tenant for requesting repairs or reporting habitability problems is illegal. Landlords cannot evict, raise rent, or cut services in retaliation for a good-faith repair request or a complaint to a housing authority. If a landlord does retaliate, the tenant may have defenses and remedies under state law. That said, a landlord can still evict for genuine, documented reasons such as nonpayment of rent. Tenants should keep written records of every repair request, because the timeline is often the key evidence. See what an eviction notice is.

How should repair requests be documented?

Put every repair request in writing, even if you also call: an email or message with the date, the problem, and photos is ideal. Tenants should keep a copy and note follow-up conversations with dates and names; landlords should respond in writing, schedule the work, and keep receipts and work orders. That paper trail matters if a dispute ends up before a housing agency or in court. Writing the maintenance terms into the rental agreement — who fixes what and expected response times — prevents most conflicts before they start.

Drafting a rental agreement? Use the free lease agreement generator or create a rental agreement — free, no sign-up, instant PDF.

This information is general, not legal advice. Rental laws change — verify your state's current rules before acting.