Photo by Vesnaandjic from Getty Images Signature via Canva.com
In this article:
One of the perks of renting a home is the lighter burden of responsibility. Homeownership is not only a larger financial commitment, but it’s more taxing than renting in many ways. One of the main advantages of renting is peace of mind—if something breaks, the repair typically isn’t coming out of the tenant’s emergency fund.
But which annual home maintenance tasks and repairs are the landlord responsible for, and what is the tenant expected to maintain? And what happens if either party fails to uphold the expectations?
What's Expected from Landlords
Why is it important to understand what your landlord is accountable for?
- To protect your rights as a tenant.
- To understand where landlord's responsibility ends, and the tenant's begins.
Landlords are legally required to maintain a habitable living environment. In other words, the property must have running water, working electricity and heat, structural integrity, and freedom from infestations. This standard is known as the implied warranty of habitability.
Regulations Landlords Must Follow
Landlords are legally responsible for ensuring their rental properties meet basic health and safety standards. This includes:
- Ensuring that structural features like the floors, stairs, walls, and roof are stable and in good condition.
- Keeping shared spaces, such as hallways and stairwells, clean and safe.
- Maintaining systems like plumbing, electrical, heating, ventilation, air conditioning, and elevators so they function properly and safely.
- Providing a consistent supply of hot and cold water, as well as heat, within reasonable levels and timeframes.
- Addressing environmental hazards, such as lead-based paint dust or asbestos, to prevent serious health risks.
- In most states, taking reasonable steps to protect tenants from foreseeable criminal activity is required.
- Handling pest problems, including infestations of rodents or insects, in a timely and effective manner.
These rights apply in nearly every state, regardless of what the tenant signs. A landlord cannot avoid these responsibilities through a disclaimer or waiver, and any attempt to do so typically won’t hold up in court.
What's Expected from Tenants
While the landlord must create and uphold reasonable living conditions, they’re not solely liable for the state of the property while the tenant resides in it. The tenant living in the home day in and day out assumes responsibility for some annual home maintenance and repair tasks.
Think of it like this: the landlord is the property owner, not the housekeeper. And as the owner of a substantial financial investment, their expectations of tenants are simple—they want tenants to care for the property as if it were their own. Respect the space, clean up after themselves, and call if there’s something wrong.
Most states require tenants to:
- Keep the rental unit as clean and safe as the condition of the premises permits.
- Dispose of garbage, rubbish, and other waste cleanly and safely.
- Keep plumbing fixtures as clean as their condition permits.
- Use electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and systems, including elevators, properly.
- Cover repairs for damage tenants cause through misuse or negligence.
- In many states, notify the landlord promptly of defective or dangerous conditions on the property.
Photo by Africa Images via Canva.com
The Variability of Tenant Maintenance Expectations
Here’s where things get a little murky. Not only does the specificity of the laws vary from state to state, but landlords (within the law) can create expectations for their tenants. Although the law broadly covers renter's home maintenance, landlords typically provide detailed lists outlining specific tenant responsibilities. The kicker? Not all landlords expect the same thing.
Here's what a group of military landlords had to say when asked, Which seasonal home maintenance tasks do you expect your tenants to handle?
Jessica: "For our rental properties, our tenants must maintain the lawn— that's the biggest thing. I guess I'd also say change light bulbs and the air filter. Everything else goes through our property manager. We communicate with them if it requires us to, usually for more expensive fixes."
Alejandra: "Lawn, air filter, fridge filter, light bulbs. We take care of major landscaping when necessary, pest control, power washing, and yearly A/C maintenance."
Doug: "We require tenants to let us know when something's breaking (like a leaky toilet flapper valve) or broken (it won't stop flushing). Then we fix it. We pay for repairs due to normal wear and tear. If they broke it, then they pay for fixing it, but they don't get to fix it on their own because we don't trust them to do it right. If they try to sneak a repair past us, then they might be required to pay to fix it right. We don't require them to do the yard work, but we require them to pick up their pet waste. We take care of the yard work, but we don't pick up poop.We require them to keep the house (reasonably) clean. If their mess attracts rodents or causes a fire/sanitation/safety hazard, then they pay for the corrective action. We would never expect a tenant to be responsible for changing a filter on an air conditioner or cleaning a clothes dryer exhaust. We wouldn't even want them to change the batteries in the smoke detectors or unclog a disposal. Whether they ‘know how’ is not open for discussion. Those are tasks on our maintenance schedule, so they can contact us if they need it sooner and we'll take care of it."
Some landlords go above and beyond by providing seasonal home maintenance checklists for tenants to help with upkeep. Here’s an example:
- Change air filters.
- Lubricate moving parts of the garage door with specific garage door spray: hinges, rollers, frame, bearings.
- Test the garage door reverse feature. Put a 2 x 4 on the ground and try closing the door to ensure it pops back open.
- Verify the radon mitigation system is running.
- Clean the range hood filter as needed.
- Clean the garbage disposal with vinegar ice cubes.
- Test the water heater pressure release valve. To test the valve, raise and lower the test lever several times until it lifts the brass stem that it’s fastened to. Hot water should rush out of the end of the drainpipe, so have a bowl and a towel set up. If no water flows through the pipe, or it only trickles, call the landlord.
- Vacuum/clean the refrigerator coils.
- Check caulking and grout around showers, tubs, and toilets, and repair as needed.
Common Maintenance Tasks for Tenants
As previously discussed, the spectrum of what landlords require from their tenants is wide, but the most common tasks landlords expect fall under this general checklist.
- Follow HOA rules. Respect quiet hours, keep the yard clutter-free, and park in designated areas.
- Keep the home clean. The space doesn’t need to sparkle every minute of every day, but it should be free of excessive clutter, mold, and pests to ensure that the home remains safe and habitable.
- Dispose of garbage. Tenants should stick to the weekly trash schedule to dispose of trash, pet droppings, and leftover food in a timely manner.
- Fix any damage caused. If a tenant breaks a window, damages the carpet, or clogs a drain, they should call the landlord. Even if it’s the tenant's responsibility to replace, the landlord needs to know what happened and organize the repair, or permit you to.
- Replace burned-out light bulbs. Do most landlords want their tenants to call them if the kitchen light went out? Not usually. But some might. Most will expect their tenant to head to the store and replace it with an identical bulb. However, it’s still a good idea to let them know, because many high-efficiency light bulbs come with warranties and they might be eligible for a free replacement.
- Maintain the yard and landscaping. While it’s unlikely that the landlord will want the tenant to replace dead flowers, they’ll expect them to maintain what’s there, including watering, trimming, and mowing the lawn.
Photo by Magic K from Pexels via Canva.com
Read more: Which Repairs Are NOT Your Landlord’s Responsibility?
While this is a general checklist, the lease should provide a more detailed account of the tenant's responsibilities and what the landlord expects of them. Clear communication between tenants and landlords is better than making assumptions.
What Happens if Your Landlord Fails to Uphold Standards?
What if the worst happens, and something major goes wrong with the property? Maybe the heater breaks during a week of record snowfall. The tenant calls the landlord. But they don’t answer. After multiple attempts to get in touch with them, they’re officially unresponsive. Or, let’s say that they do pick up, but in either case, they fail to follow up and address the issue. What can the tenant do?
“Violations of Federal or State-level Landlord/Tenant Law or failure to maintain all vital services, such as working plumbing, access to heat, electricity, running water, and proper trash receptacles are big issues and provide significant recourse, such as withholding rent, legal action, or breaking the lease (without penalty) to move.” -Kristi Adams
- Withhold rent. In many states, tenants are allowed to withhold rent if a landlord doesn’t fix conditions that make the unit uninhabitable. However, this is strictly regulated. Tenants must follow proper legal procedures, such as giving written notice and allowing time for repairs. In some states, tenants may place rent into an escrow account (where allowed by law) to show good faith while withholding payment until the issue is fixed.
- Repair and deduct. More than half of U.S. states allow tenants to fix certain issues themselves (like a broken heater or leaky pipe) and either deduct the cost from rent or request reimbursement. This usually applies to essential but smaller repairs and requires proper notice and documentation.
- Take legal action. If conditions become dangerous, unlivable, or financially harmful (such as needing to stay in a hotel), tenants can sue the landlord. Legal action may also be appropriate if there are violations related to discrimination or retaliation.
What Happens if the Tenant Fails to Uphold the Standards?
While the worst-case scenario for the tenant is an unresponsive landlord, the worst case for any homeowner is a reckless tenant. So, let’s say that the tenant fails to follow the expectations detailed in the lease. What happens?
This scenario is a breach of lease. In this case, landlords can either sue, evict, or both.
If the landlord chooses to evict, there is a state-regulated process for them to follow. State laws vary on the allotted timeline, but the steps are typically as follows:
- Notice to the tenant: The landlord must give formal notice of the lease violation. The required time frame can range from a few days to 30 days, depending on state law and the type of violation.
- File a complaint: If the issue isn’t resolved within the notice period, the landlord may file an eviction lawsuit with the local court.
- Court summons: The court then notifies (or "summons") the tenant, giving them a chance to appear in court and respond.
Because landlord-tenant expectations can differ significantly across states and even between individual landlords, misunderstandings are not uncommon. Clear, timely communication is essential. Tenants who proactively seek clarification, report issues promptly, and maintain a respectful relationship with their landlord are better positioned to avoid disputes and ensure a smoother rental experience.
By Danielle Keech
Download our free ebook for landlords below:
back to top