Lease clauses › Maintenance clause
Maintenance clause
The maintenance clause is the part of a lease that divides repair and upkeep duties between landlord and tenant. It sits on top of the implied warranty of habitability — a non-waivable rule in every US state that requires the landlord to deliver a safe, weather-tight, code-compliant unit throughout the term.
Who does what
| Item | Landlord | Tenant |
|---|---|---|
| Roof, walls, foundation | Yes | — |
| Plumbing & water heater | Yes | Report leaks promptly |
| HVAC system | Yes — annual service | Change filters monthly |
| Included appliances | Repair / replace | Normal use only |
| Pest control | Pre-existing infestations | Tenant-caused infestations |
| Smoke detectors | Install & test at move-in | Replace batteries |
| Lawn & snow | Multi-unit buildings | Single-family rentals (varies) |
| Light bulbs, fuses | — | Yes |
Example wording
India practice
Under the Model Tenancy Act 2021 (adopted in UP, Tamil Nadu, Andhra Pradesh and others) the landlord handles structural repairs, external walls and main pipes; the tenant handles minor repairs, drain cleaning, sanitary fittings and replacement of broken glass. State rent-control acts in Maharashtra and West Bengal can modify this split.
Tenant remedies for landlord's failure
- Repair and deduct — allowed in California, Texas, Massachusetts and 20+ other states up to a capped amount.
- Rent withholding — allowed in some states after written notice and a reasonable cure period.
- Constructive eviction — tenant vacates and is released from the lease if the unit is uninhabitable.
- Code enforcement complaint — city housing inspector issues a citation; retaliatory eviction is illegal.
FAQs
What does a maintenance clause do?
A maintenance clause divides the duty to keep the property safe and functional between landlord and tenant. The landlord is typically responsible for structural, plumbing, HVAC and appliance repair; the tenant is responsible for cleanliness, day-to-day upkeep and damage caused by negligence.
Can a landlord make the tenant responsible for all repairs?
No. Every US state imposes a non-waivable implied warranty of habitability. A lease clause shifting structural, heating, plumbing or code-compliance repairs to the tenant is void in California, New York, Texas, Florida and virtually every other state.
What is the tenant expected to maintain?
Under standard US leases: keeping the unit clean, changing HVAC filters, replacing smoke-detector batteries, reporting leaks promptly, avoiding damage, and handling minor items like light bulbs. In India the tenant commonly bears "minor repairs" (RO filter changes, fuse replacement, tap washers).
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