Maintenance and Repairs Clause

What This Clause Does

This clause divides repair and maintenance obligations between you and your landlord. In most residential leases, the landlord is responsible for structural components, major systems (HVAC, plumbing, electrical), and habitability. You're responsible for keeping the unit clean and not causing damage.

The grey areas are appliances, cosmetic wear, and small repairs. Check whether the lease requires you to maintain specific items (like filters or light bulbs) or perform pest control. Also note whether there's a minimum repair cost below which you're responsible — clauses that make tenants responsible for first $200 of any repair are common in some markets.

What This Looks Like in a Contract

"Landlord shall maintain the premises in a habitable condition and shall be responsible for repairs to structural elements, roof, plumbing, heating, and electrical systems. Tenant shall be responsible for the cost of repairs necessitated by Tenant's negligence or misuse and for routine maintenance items not exceeding $[100/200] in cost."

Red Flags to Watch For

• Tenant responsible for any repair regardless of cause, including pre-existing conditions
• Landlord's repair obligation subject to "reasonable notice" with no defined timeframe
• Habitability standard not defined or limited by local law
• Tenant responsible for repairs to systems they don't control (HVAC, plumbing infrastructure)

Negotiation Strategies