One of the most common causes of conflict between tenants and landlords is repairs and maintenance. A tap starts leaking, the AC stops working, a geyser breaks down, or there is a plumbing issue — and suddenly the question comes up:
Who is actually responsible for paying for the repairs?
Many tenants assume the landlord should pay for everything because they own the property. On the other hand, some landlords expect tenants to handle every maintenance issue once they move in.
The reality lies somewhere in the middle.
In India, the answer usually depends on three things:
- The rent agreement
- The nature of the damage
- Whether the issue falls under normal wear and tear or tenant-caused damage
Understanding this before signing a lease can save both money and unnecessary arguments later.
The General Rule: Ownership Repairs vs Usage Repairs
As a general principle, landlords are usually responsible for maintaining the property’s structural condition and major systems, while tenants are expected to handle minor day-to-day maintenance resulting from their use of the property.
Think of it this way:
If the problem exists because the property itself needs upkeep, it is usually the landlord’s responsibility.
If the problem occurs because of how the property is being used, it is usually the tenant’s responsibility.
For example, if there is a major plumbing issue inside the wall, water seepage from the building structure, or an electrical fault caused by aging wiring, most people would reasonably expect the landlord to arrange repairs.
However, if a tenant breaks a window, damages furniture, or causes an appliance to malfunction through misuse, the repair cost would generally fall on the tenant.
What Indian Rental Law Says
While rental disputes are often governed by individual agreements, the principles reflected in India’s rental laws generally support this distinction.
The Model Tenancy Act, 2021 specifically attempts to clarify maintenance responsibilities between landlords and tenants.
One of its key principles is:
The landlord is responsible for major structural repairs and maintaining the property in a habitable condition.
The Act also recognizes that tenants should bear responsibility for minor maintenance arising from normal occupation and usage.
Although not every state has formally adopted the Model Tenancy Act, many rental agreements now follow similar principles because they provide a practical framework for both parties.
In most rental situations, landlords are expected to pay for repairs related to the property’s core infrastructure.
These commonly include:
- Structural cracks
- Roof leakage
- Water seepage
- Major plumbing repairs
- Internal wiring problems
- Faulty electrical systems
- Building-related damage
- Permanent fixture replacements due to age
For example, if a concealed pipeline bursts inside the wall and causes water leakage throughout the apartment, this would generally be considered the owner’s responsibility because it relates to the property’s structure.
Similarly, if an electrical circuit fails due to aging wiring rather than tenant misuse, the landlord would normally be expected to address it.
Tenants are generally responsible for minor maintenance and damages caused during their stay.
These commonly include:
- Replacing bulbs
- Fixing broken locks
- Minor plumbing adjustments
- Damage to furniture caused by use
- Repairing items broken accidentally
- Routine upkeep
For example, if a tenant accidentally damages a wardrobe door or breaks a kitchen shelf while moving furniture, the repair cost would typically be borne by the tenant.
The idea is simple: ordinary maintenance associated with everyday living is usually not the landlord’s responsibility.
The Grey Area: Appliances
This is where many disagreements happen.
Suppose the flat comes with:
- Air conditioners
- Refrigerator
- Washing machine
- Microwave
- Geyser
Who pays when these stop working?
The answer depends on the reason for the failure.
If an appliance breaks down because of age, normal wear, or manufacturing issues, landlords usually bear the repair cost.
If damage occurs because of negligence, misuse, or improper handling, the tenant may be responsible.
This is why documenting the condition of appliances before moving in is extremely important.
Why Your Rent Agreement Matters More Than Anything Else
Even though general legal principles exist, the rent agreement remains the most important document.
A well-written agreement should clearly specify:
- Maintenance responsibilities
- Appliance repair policies
- Service charge obligations
- Common area maintenance
- Emergency repair procedures
Many disputes occur because tenants and landlords assume different things without putting them in writing.
A simple clause in the agreement can prevent months of confusion later.
In urgent situations, tenants often arrange repairs immediately.
For example:
- Burst water pipes
- Dangerous electrical faults
- Water overflow issues
In such cases, it is generally advisable to:
- Inform the landlord immediately.
- Keep written communication records.
- Save invoices and receipts.
This creates transparency and helps avoid disputes about reimbursement later.
Imagine a tenant renting a furnished 1BHK in Gurgaon.
After six months, the geyser stops heating water.
The technician confirms that the heating element failed because of age and regular use.
In this case, most landlords would reasonably bear the repair or replacement cost because the failure was not caused by tenant misuse.
Now imagine a different scenario.
The tenant accidentally damages the geyser controls while attempting a repair without authorization.
The responsibility may then shift to the tenant because the damage resulted from their actions rather than normal wear and tear.
The cause of the problem often matters more than the repair itself.
How to Avoid Maintenance Disputes
Many repair disputes can be prevented through simple precautions.
Before moving in:
- Take photos of the property
- Document appliance conditions
- Test all major fixtures
- Clarify maintenance responsibilities
- Keep copies of the agreement
After moving in:
- Report issues early
- Keep written records
- Avoid unauthorized modifications
- Save repair invoices
Good documentation protects both parties.
There is no universal rule that landlords pay for everything or tenants pay for everything.
In most rental properties, landlords are responsible for maintaining the property’s structural integrity and major systems, while tenants handle routine upkeep and damage caused during occupancy.
The best way to avoid confusion is simple: make sure responsibilities are clearly written into the rent agreement before moving in.
Because when a repair issue eventually arises — and it usually does — clarity is far less expensive than conflict.
