Guide · updated 2026-11-14

Renter vs landlord maintenance duties in the US

The short answer to who fixes what is: it depends on your lease and your state. The longer answer has a common pattern. Landlords usually must keep the home safe and livable. Tenants usually must keep it clean and avoid damage. The gray area in between is where records matter.

This is general information, not legal advice. Rules differ by state, city and lease. For a specific dispute, check your state's landlord-tenant statute or talk to a local tenant organization or attorney.

What landlords generally must provide

Most US states recognize an implied warranty of habitability. According to Cornell's Legal Information Institute, the doctrine generally means a landlord must keep a rental in substantial compliance with housing codes and basic health and safety standards, even if the lease is silent. In practice that usually covers:

Working heat, hot and cold running water, and functioning plumbing
Safe electrical systems
A weatherproof roof, walls and windows that close and lock
Structural soundness and freedom from serious pest infestations
Working smoke alarms, and in many places carbon monoxide alarms. Local law often sets who installs them and who replaces batteries.
Common areas in safe condition

What tenants generally handle

Keeping the unit clean and disposing of trash properly
Using fixtures and appliances reasonably, and not clogging drains with grease or wipes
Replacing light bulbs and often smoke alarm batteries, if the lease says so
Reporting problems promptly, in writing. A small leak you ignore can turn into damage you may be charged for
Paying for damage beyond normal wear and tear that you or your guests cause
Keeping the heat on enough to prevent frozen pipes during cold weather
Tasks the lease specifically assigns to you, such as yard care or HVAC filters in a single-family rental

The gray areas

Appliances. If the landlord supplies a dishwasher or a refrigerator, the lease should say who repairs it. Read that clause before the first breakdown.

HVAC filters. Often the tenant's job in a house, the landlord's in a building with central systems. Ask, and write the answer down.

Pests. Landlords usually deal with infestations that existed before move-in or come from the building. Tenant-caused infestations from poor sanitation can be billed to the tenant.

Mold. Depends on cause. A roof or plumbing leak is a building problem. Chronic condensation from a shower used without ventilation can be argued either way.

Yards and snow. Set by the lease, and by local ordinances for sidewalks.

Document everything

Move-in condition. Photograph and video every room, with dates, on day one. Send the landlord a written list of existing damage.
Request repairs in writing. Email or a letter, with the date, the problem, and a photo. Keep a copy. A phone call alone leaves no record.
Keep a log. What was reported, when, who responded, what was done, and any delay.
Keep receipts for anything you paid for.
Move-out. Photograph again, clean, and keep the records until your deposit is returned.

If the landlord does not fix an essential problem

Remedies vary widely. Some states allow rent withholding or "repair and deduct" under strict conditions, such as written notice and a reasonable waiting period, and some cap the amount. Cornell's overview of repair and deduct notes these variations. Many states also protect tenants against retaliation for reporting code violations. Do not withhold rent on your own without learning your state's procedure, because doing so incorrectly can lead to eviction. Start with a written notice, then contact your local housing code office or a tenant organization.

If a problem threatens safety right now, such as a gas smell, a CO alarm sounding or a fire, leave and call emergency services first. CPSC guidance for a sounding CO alarm is to get to fresh air and call 911.

Renter-friendly upkeep

Even when the landlord handles the repair, your records protect you. Test the smoke alarms monthly (NFPA recommends testing monthly), keep a list of contacts and the landlord's emergency number, and store your lease, renters insurance policy and repair requests together. The monthly schedule includes tasks that apply to renters, and the lelalune Home Maintenance Binder has a service log and contacts tab that renters can use, with owner-only items such as roofing easy to ignore or mark N/A. If you are buying instead, see the new homeowner checklist.

General information, not legal advice. Laws vary by state and locality. Consult your lease, local statute and a qualified professional for specific situations.

Sources

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Written by lelalune/UYNOS; drafted with AI assistance and reviewed. Sources are linked above; wording is our own.

See the Home Maintenance Binder