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Renting and tenant rights

Repairs: tenant or landlord, who pays?

Livable home: that's the landlord's job.

The answer in 2 lines. In most states, the landlord must keep the home livable: heat, hot water, safe electrical, plumbing, a sound roof, no pest infestation, working locks. The tenant pays for damage they or their guests cause and usually for small upkeep, like light bulbs. Your lease can add details, but can't usually remove basic habitability. Ask for repairs in writing, with photos, and keep a copy.

The first 3 steps

  1. Figure out the cause: normal aging or a building defect (usually the landlord), or damage from misuse (usually you).
  2. Read your lease: it can assign small tasks, like changing air filters or smoke alarm batteries.
  3. Request the repair in writing (email, letter, tenant portal) with photos, and keep a copy.

Who usually pays for what

  • Landlord: heating, hot water, plumbing leaks, electrical problems, roof and windows, broken appliances provided with the unit, pest infestations not caused by the tenant, mold from leaks, required smoke and carbon monoxide alarms.
  • Tenant: damage caused by you, your family, guests or pets; clogs caused by what you flushed; small upkeep like light bulbs; anything the lease clearly assigns to you.
  • Gray areas (a clogged drain, a broken blind) depend on the cause and the lease. Talk first, in writing.

Stop: danger

  • No heat in winter, gas smell, sparks, a ceiling sagging from water, or no working smoke alarm: these are emergencies. For gas, leave and call 911 or your gas utility from outside. Tell your landlord immediately, and in NYC also call 311.

In your city

  • New York City: if your landlord doesn't fix conditions like no heat or hot water, leaks or pests, call 311; the city's housing agency (HPD) can inspect and issue violations.
  • Los Angeles and San Diego: California law lets a tenant, after proper notice and a reasonable time, use "repair and deduct" for serious habitability problems, limited to one month's rent and twice in 12 months. Read the court self-help material before you try it.
  • Rules differ widely by state: withholding rent without following your state's procedure can get you evicted.

What not to do

  • Withholding rent on your own without checking your state's rules.
  • Doing major repairs yourself without the landlord's written OK: you may not get reimbursed.

Good to know

  • Detailed move-in photos are your best protection when you move out.
  • Retaliation (raising rent or threatening eviction because you asked for repairs) is illegal in many states.

In Los Angeles, Kevin's bathroom ceiling leaks for weeks. He emails photos to his landlord, then sends a dated letter. With no repair after a month, he checks the court's self-help guide on habitability before deciding what to do next, and keeps every receipt and message.

A made-up story, for illustration.

Bobby

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Bobby publishes free practical guides written for the United States: American laws, numbers and organizations. In the United States, Bobby answers your questions; it does not put you in touch with professionals.

All guides: United States

Sources, verification, confidence

Verified on October 18, 2026, for the United States. Confidence: high for NYC 311/HPD and California repair-and-deduct limits; medium for the general split, which depends on each state's law and your lease. This guide describes common cases, not a diagnosis or legal advice.

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