When a rented property needs repairs, one common question is: Who should pay—the tenant or the landlord? The answer in India is not always the same for every property or every repair. Responsibility can depend on the nature of the damage, the rental agreement, applicable state or local tenancy laws, and whether the problem resulted from normal wear and tear or the tenant’s actions.
As a general principle, landlords are typically responsible for major structural and essential repairs, while tenants are commonly responsible for minor maintenance and damage caused by their negligence or misuse. However, the exact division should be checked against the applicable law and the written tenancy agreement.
The central government’s Model Tenancy Act, 2021 provides a useful framework. It states that landlords and tenants should maintain the premises in the condition in which they were provided, subject to normal wear and tear, with repair responsibilities divided according to the Act’s Second Schedule or the tenancy agreement.
What Is the Difference Between Repairs and Maintenance?
Before deciding who pays, it helps to distinguish between major repairs, routine maintenance and tenant-caused damage.
Repairs generally involve fixing something that has become defective, damaged or unusable. Examples include repairing a leaking pipe, damaged electrical wiring or a structural defect.
Routine maintenance involves smaller tasks needed to keep the property functional, such as replacing tap washers, cleaning drains or replacing certain fittings.
Tenant-caused damage occurs when damage results from negligence, misuse or intentional acts by the tenant. Such damage may become the tenant’s financial responsibility.
The Model Tenancy Act specifically requires tenants to take reasonable care of the premises and its fixtures and fittings and prohibits intentional or negligent damage.
Repairs Usually Paid by the Landlord
Under the Model Tenancy Act framework, the landlord is generally responsible for certain major repairs unless the tenancy agreement provides otherwise where legally permissible.
These include:
- Structural repairs
- Major plumbing work
- Replacement of plumbing pipes when necessary
- Internal and external electrical wiring and related maintenance
- Whitewashing of walls
- Painting of doors and windows
The Act’s Second Schedule specifically places structural repairs, necessary plumbing-pipe replacement and major electrical wiring maintenance among landlord responsibilities.
For example, if a building develops a serious structural crack because of an underlying construction problem, the tenant would generally not be expected to pay for the structural repair simply because they occupy the property.
Similarly, if the property’s main electrical wiring requires replacement because of age or an inherent defect, the cost would generally fall on the landlord under the Model Tenancy Act framework.
Repairs Usually Paid by the Tenant
Tenants are generally expected to handle routine or minor repairs and maintenance associated with their everyday use of the property.
The Model Tenancy Act’s Second Schedule lists several examples, including:
- Changing tap washers and taps
- Drain cleaning
- Water closet repairs
- Wash basin repairs
- Bathtub repairs
- Geyser repairs
- Circuit breaker repairs
- Switches and sockets
- Certain electrical equipment
- Kitchen fixtures
- Door, cupboard and window knobs and locks
- Fly-nets
- Glass panels
- Maintenance of gardens and open spaces used by the tenant
These are examples under the Model Tenancy Act framework, not a universal rule automatically applicable to every rental arrangement in India.
The actual responsibility should therefore be checked against the law applicable in the state and the tenancy agreement.
What If the Tenant Damages the Property?
A tenant generally cannot avoid responsibility for damage caused by their own negligence or misuse by simply describing it as a “repair.”
For example, suppose a tenant breaks a bathroom fixture through careless handling or damages a door by force. The landlord may have grounds to recover the repair cost from the tenant, depending on the agreement and applicable law.
The Model Tenancy Act expressly states that a tenant should not intentionally or negligently damage the premises and should inform the landlord in writing about damage.
However, normal wear and tear is different from tenant-caused damage.
Paint gradually becoming less fresh, ordinary deterioration of fittings and aging of fixtures may be considered normal wear and tear depending on the circumstances. A tenant should not ordinarily be charged simply because a property has experienced reasonable deterioration during normal occupation.
What Does the Rental Agreement Say?
The tenancy agreement is extremely important.
A properly drafted agreement should clearly state:
- Who handles minor repairs
- Who pays for major repairs
- Responsibility for appliances
- Plumbing responsibility
- Electrical repair responsibility
- Maintenance of common areas
- Treatment of damage caused by the tenant
- Emergency repairs
- Procedure for reporting defects
- Treatment of repair expenses against the security deposit
The Model Tenancy Act states that repair and maintenance responsibilities can be specified in the tenancy agreement, subject to the Act’s provisions.
Therefore, before signing a rental agreement, both parties should carefully read the repair and maintenance clauses.
What Happens When the Landlord Refuses to Make a Necessary Repair?
A tenant should generally notify the landlord in writing when a significant repair is required.
Written communication can establish:
- What problem exists.
- When the landlord was informed.
- Whether the problem affects habitability.
- Whether the landlord responded.
- What steps were taken afterward.
Under the Model Tenancy Act, where the landlord refuses to carry out specified repairs, the tenant may, subject to the Act’s conditions, undertake the repairs and deduct the expenditure from subsequent rent. The deduction from rent in any one month cannot exceed 50% of the agreed monthly rent under that framework.
This does not mean every tenant in India can automatically deduct repair costs from rent. The relevant state law, tenancy agreement and circumstances must be checked before doing so.
What If the Property Becomes Uninhabitable?
Serious repairs can sometimes make a rented property unsuitable for occupation.
The Model Tenancy Act provides a framework under which, if the premises become uninhabitable and the landlord refuses required repairs after written notice, the tenant may have certain rights, including the ability to abandon the premises after giving the specified notice. It also addresses rent during certain periods when premises become uninhabitable because of force majeure events.
Because these are legal rights subject to specific conditions, tenants should not stop paying rent or vacate without first checking the applicable law and agreement.
Who Pays for Appliances?
Appliance repairs can be more complicated.
Suppose a rented apartment includes:
- Refrigerator
- Air conditioner
- Geyser
- Washing machine
- Water purifier
If an appliance fails because of normal age or mechanical deterioration, the landlord may be responsible if the appliance was supplied as part of the tenancy and the agreement places maintenance responsibility on the landlord.
If the tenant damages the appliance through misuse, the tenant may be responsible.
The rental agreement should therefore identify which appliances are included and who is responsible for their maintenance.
What About Emergency Repairs?
Emergency problems such as major water leaks, electrical hazards or serious plumbing failures should be reported to the landlord or property manager promptly.
The Model Tenancy Act allows a landlord or property manager to enter rented premises for repairs after giving the required notice. It also provides an exception for emergencies such as fire, flood, cyclone or earthquake where prior notice may not be required.
Tenants should cooperate with reasonable access arrangements while also protecting their privacy and ensuring that entry follows the applicable rules.
Can Repair Costs Be Deducted From the Security Deposit?
A security deposit is not automatically available to the landlord for every repair.
Generally, deductions should relate to legitimate tenant liabilities under the agreement and applicable law. Ordinary wear and tear should be distinguished from actual damage attributable to the tenant.
The Model Tenancy Act specifically allows certain repair costs attributable to the tenant to be recovered from the security deposit, subject to its conditions.
Landlords should maintain records such as photographs, invoices and repair estimates when making significant deductions.
Common Repair Disputes Between Tenants and Landlords
Some common disputes involve:
- Leaking taps or pipes
- Blocked drains
- Water seepage
- Electrical faults
- Broken appliances
- Damaged doors and locks
- Wall repainting
- Broken tiles
- Pest problems
- Air-conditioner servicing
- Geyser repairs
- Structural cracks
The key question is usually why the repair is necessary and what the tenancy agreement says.
For example, a leaking pipe caused by old plumbing is different from a pipe damaged because a tenant improperly installed equipment.
How Can Tenants and Landlords Avoid Repair Disputes?
Both parties can reduce disputes by taking a few practical steps.
Before moving in, prepare an inventory and record the condition of the property with photographs or videos. List existing damage such as cracked tiles, damaged paint, leaking taps or defective appliances.
The agreement should clearly allocate repair responsibilities and specify how emergency repairs should be reported.
Tenants should report problems promptly instead of allowing minor defects to become major damage. Landlords should respond within a reasonable time to legitimate repair requests, particularly where safety or habitability is affected.
Conclusion
So, who pays for property repairs—the tenant or landlord? There is no single answer applicable to every rental property in India.
As a general framework, landlords are typically responsible for major structural, plumbing and electrical issues, while tenants generally handle routine minor maintenance and damage caused by their negligence or misuse. The Model Tenancy Act, 2021 provides a detailed division of responsibilities, including structural repairs for landlords and several periodic repairs for tenants.
However, tenancy laws can differ across states and the rental agreement can determine many practical responsibilities. Therefore, both landlords and tenants should carefully review the applicable law and written agreement before deciding who must pay for a particular repair.
For significant disputes, especially those involving habitability, security deposits, rent deductions or major structural problems, obtaining advice based on the applicable local tenancy law can help prevent the disagreement from becoming more complicated.