Who pays for repairs in a rental? How to read the repairs clause

The general split

When the heater dies or the sink leaks, the first question is who pays. The answer usually comes from two places: the law where you live and the repairs clause in your lease.

Across the US, Canada and Australia, the pattern is broadly similar:

• The landlord keeps the home fit to live in and fixes major systems, such as heating, plumbing, electrical and the structure, along with normal wear and tear.

• The tenant keeps the place reasonably clean, reports problems, and pays for damage they, their household, guests or pets cause.

• The lease often assigns small jobs, such as light bulbs, smoke alarm batteries, yard care or blocked drains you caused.

Local law can override a lease term. If a clause makes you responsible for something the law puts on the landlord, it may not be enforceable where you live.

What the repairs clause might say

Here are three fictional examples, from fair to worth questioning:

Sample clause A (fictional): "Landlord will maintain the heating, plumbing and electrical systems in good working order. Tenant will report any problem in writing promptly."

Sample clause B (fictional): "Tenant is responsible for minor repairs under $100 and for replacing light bulbs and batteries."

Sample clause C (fictional): "Tenant accepts the premises as is and is responsible for all repairs, including appliances."

Clause A follows the usual split. Clause B is common, but check whether "minor" is defined. Clause C pushes major costs onto you and may conflict with local law. Ask about it before you sign.

Examples from official sources

These are examples only. Check the rules for your own state, province or territory.

United States

• California. The Department of Real Estate (DRE) says every residential tenancy carries an implied warranty of habitability, meaning the landlord must repair conditions that seriously affect whether the home is fit to live in. From January 1, 2026, this includes a working stove and refrigerator, unless you agree to provide your own. Who handles less serious repairs is usually set by the lease. Tenants must repair damage they, their family, guests or pets cause. A "repair and deduct" remedy lets tenants pay for certain serious repairs and deduct the cost from rent, but only up to one month's rent, no more than twice in 12 months, and only after giving the landlord reasonable time. The DRE says the law usually treats 30 days as reasonable, sometimes less. Because the remedy has strict conditions, the DRE recommends getting help first.

• New York. The state AG's tenants' rights guide says the warranty of habitability gives tenants the right to a livable, safe and sanitary apartment, with lack of heat or hot water as examples of breaches.

Canada (outside Quebec)

• Ontario. The Landlord and Tenant Board (LTB) says the landlord must keep the rental property in a good state of repair and meet health, safety, housing and maintenance standards. The tenant must repair or pay for damage they or their guests cause, but not normal wear and tear. The LTB says tenants shouldn't withhold rent over repairs without its approval.

• British Columbia. The provincial government says landlords handle most repairs, including major heating and plumbing problems and wear and tear, while tenants handle minor repairs, like changing a light bulb, and must request repairs in writing. For emergency repairs, the tenant must first try to reach the landlord, including two phone attempts, and allow reasonable time. Then the tenant can arrange the repair at a reasonable cost and send receipts. If the landlord doesn't reimburse, the tenant can deduct the cost from rent.

Australia

• New South Wales. The NSW Government says urgent repairs cover problems such as gas leaks, serious flooding, or a failed stove, heater or hot water system. If you can't reach the landlord or agent, you can hire a licensed repair person and be reimbursed up to $1,000, paid within 14 days of your notice. For non-urgent repairs, write to the landlord with a clear deadline, and keep paying rent while you wait.

Other states and territories have their own amounts and steps. Look for your local tenancy authority.

How to report a repair

A clear written record helps in every system above.

1. Report it in writing. Email is fine. Describe the problem, where it is and when it started.

2. Add photos or video with the date visible or noted.

3. Say how urgent it is. "No hot water since Monday" is clearer than "the water is weird."

4. Ask for a date. Request a time frame for the repair.

5. Allow access. Many places let the landlord enter with notice to assess and fix the problem.

6. Follow up in writing if nothing happens.

7. Keep paying rent unless you've checked the local rules. The Ontario and NSW sources above both warn against it.

Damage vs wear and tear

The line between damage you pay for and wear and tear the landlord absorbs matters for repairs during the tenancy and for deposit deductions at the end. Faded paint and worn carpet are usually wear and tear. A hole in the wall usually isn't. Our guide to normal wear and tear vs damage explains the difference in more detail.

Questions to ask before you sign

• Which repairs are mine under this lease, and is there a dollar limit?

• How do I report a repair, and who do I call after hours?

• How quickly do you usually respond to urgent and non-urgent problems?

• Are appliances included, and who repairs them if they break?

• Is there a preferred repair person I should use in an emergency?

Know what your repairs clause says before something breaks

EasyToDecode, launching soon, is being built to read your own lease, quote the repair and maintenance clauses, flag unclear terms such as an undefined "minor repairs," and draft a repair request or questions to send your landlord. See how it works or join the waitlist to hear when it opens.