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5 Key Takeaways

• Landlords are responsible for structural and major repairs, while tenants handle minor maintenance and general care of the property.
• If a landlord fails to make necessary repairs, tenants can arrange and pay for repairs themselves and deduct up to 50% of the monthly rent.
• During force majeure events (e.g., floods, fires), landlords cannot charge rent until the property is habitable again and must refund deposits if restoration is impossible.
• Tenants must promptly inform landlords in writing about damage, take reasonable care, and avoid intentional or negligent damage to the property.
• Both parties should document the property's condition, communicate clearly, and keep receipts and records to avoid disputes.

Who Pays for Repairs in a Rented Home? A Simple Guide for Tenants and Landlords
A dripping tap. A cracked wall. A broken ceiling fan. If you've ever lived in a rented home, you know that moment when something goes wrong and you freeze, wondering: "Is this my problem to fix, or should I call the landlord?"
It's a question that causes confusion, frustration, and sometimes even heated arguments between tenants and property owners. But here's the good news: India's Model Tenancy Act, 2021 provides a clear framework that takes the guesswork out of this situation.
Let's break it down in plain language so that whether you're a tenant paying rent every month or a landlord managing a property, you know exactly where you stand.

The Golden Rule: Both Sides Have Responsibilities
Before we dive into who pays for what, here's the fundamental principle you need to understand:
Both the landlord and the tenant are expected to keep the rented property in as good a condition as it was when the tenancy began. The only exception is what the law calls "normal wear and tear" – those small, inevitable signs of ageing that happen when people live in a space.
Think of it like borrowing a friend's car. You're expected to return it in the same condition you got it, minus a few normal kilometres driven. You wouldn't be expected to pay for a new engine if the old one was already on its last legs. Same logic applies here.

What the Landlord Must Pay For
The landlord's responsibilities are quite broad. According to the Model Tenancy Act, the property owner is responsible for all repairs and maintenance that are either:

Listed in the Second Schedule of the Act (a detailed list of landlord duties)
Agreed upon in the tenancy agreement (the contract you both sign)

In practical terms, this usually means structural repairs, major plumbing issues, electrical wiring problems, and anything that affects the basic livability of the home. If the roof leaks, the landlord fixes it. If the main water pipe bursts, the landlord pays. If the building's electrical system fails, that's on the owner.
But here's something many tenants don't know: what happens if the landlord simply refuses to do these repairs?
The law gives tenants a very practical solution. If the landlord fails or refuses to carry out repairs they are obligated to perform, the tenant can take matters into their own hands – literally. You can:

Arrange for the repairs yourself
Pay for them out of your own pocket
Deduct the cost from your next month's rent

However, there's one important limit: you cannot deduct more than 50% of the agreed monthly rent in any single month. So if your rent is ₹20,000 and the repair costs ₹15,000, you can only deduct ₹10,000 that month. You'll need to recover the remaining amount from subsequent months.
And what if the property becomes completely unlivable because the landlord hasn't made necessary repairs? In that case, the tenant has the right to move out after serving a 15-day written notice. No questions asked, no penalties.

What the Tenant Must Take Care Of
Now, let's talk about what falls on the tenant's shoulders. While the landlord handles the big structural stuff, the tenant has a clear duty of care during the time they occupy the property.
Here's what the law expects from every tenant:
1. Don't damage the property intentionally or negligently.

This one is straightforward. If you punch a hole in the wall in anger, that's on you. If you accidentally damage the kitchen counter while cooking, that's also on you. The key word here is "careless" – the law expects you to be reasonable.
2. Inform the landlord about any damage immediately and in writing.

If you notice a leak or a crack, don't just hope it goes away. Send a written message or email to the landlord right away. This protects both of you – it shows you're being responsible, and it gives the landlord a chance to fix things before they worsen.
3. Take reasonable care of the property, including all fittings and fixtures.

This means keeping the home in a habitable condition – cleaning regularly, using appliances properly, maintaining basic hygiene, and generally not treating the place like a demolition site.
What if the tenant fails to carry out their own repairs?
In that case, the law works both ways. The landlord can step in and:

Carry out the repairs themselves
Remove any unauthorized structure the tenant has built (like a makeshift shelf or partition)
Deduct the cost from the tenant's security deposit

If the repair costs exceed the security deposit amount, the tenant must pay the difference within one month of receiving the landlord's written notice.

When Accidents Happen: The "Force Majeure" Situation
Sometimes, things go wrong that nobody could have predicted or prevented. The law uses a fancy French term for this: force majeure, which simply means "superior force."
Think about situations like:

Floods that damage the property
Fires that make the home unlivable
Cyclones or earthquakes that cause structural damage
Any other natural calamity beyond human control

In such cases, the rules change completely. Here's what happens:
The landlord cannot charge rent from the moment the property becomes uninhabitable until it is restored to a livable condition. That makes sense, right? You shouldn't pay for a home you can't live in.
But what if the property is damaged beyond repair? If restoration is simply not possible, the landlord must refund the tenant's security deposit and any advance rent paid. This refund must happen within 15 days of the notice period ending.
This provision is particularly important for tenants living in disaster-prone areas. It gives you peace of mind knowing that if something catastrophic happens, you won't be stuck paying rent for a home that no longer exists as a livable space.

Practical Tips for Tenants
Now that you understand the legal framework, here are some practical takeaways:
Always get everything in writing. When you move into a rented property, document its condition with photos and videos. Note any existing damage. This protects you when you move out and the landlord tries to blame you for something that was already there.
Read your tenancy agreement carefully. The law allows landlords and tenants to have additional agreements beyond the standard rules. Your specific responsibilities might be listed in the contract. Don't sign anything without understanding it.
Communicate promptly about repairs. If something breaks, inform the landlord in writing immediately. Waiting only makes things worse and could potentially shift responsibility to you if the damage escalates.
Keep receipts for any repairs you pay for. If you need to deduct repair costs from rent, you'll need proof of payment. Save all bills and receipts.

Practical Tips for Landlords
If you're a property owner, here's what you need to keep in mind:
Be proactive about maintenance. Don't wait for tenants to complain about leaking pipes or faulty wiring. Regular inspections and preventive maintenance save you money in the long run and keep your tenants happy.
Respond promptly to repair requests. If a tenant informs you about damage, act quickly. Ignoring the problem gives them the legal right to fix it themselves and deduct from rent – which might cost you more than if you had handled it promptly.
Keep clear documentation. Maintain records of all communications with tenants, repair receipts, and inspection reports. This protects you in case of disputes.
Set clear expectations in the tenancy agreement. Specify exactly what each party is responsible for. The clearer you are upfront, the fewer arguments you'll have later.

The Bottom Line
Renting a home shouldn't be complicated, and the Model Tenancy Act 2021 makes it simpler by drawing clear lines around who pays for what.
For tenants: The landlord handles structural and major repairs. You handle general care and minor maintenance. If the landlord refuses to do their job, you can fix things yourself and deduct up to 50% of the monthly rent. And if the property becomes unlivable due to the landlord's neglect, you can leave with 15 days' notice.
For landlords: You're responsible for keeping the property in good shape. If you don't, tenants can take matters into their own hands. And if a natural disaster strikes, you must waive rent until the property is restored.
The key to a smooth tenancy? Communication, documentation, and knowing your rights. Whether you're a tenant trying to get a leaky faucet fixed or a landlord managing multiple properties, understanding these rules helps everyone live together more peacefully.
After all, a home is where you should feel safe and secure – not confused about who to call when something breaks.

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