Almost every tenant and landlord runs into this situation sooner or later. A pipe starts leaking. A wall develops cracks. A fixture stops working. The repair itself may be straightforward, but the argument that follows often isn't: who is supposed to pay for it?
India's Model Tenancy Act, 2021 attempts to answer that question by clearly defining the responsibilities of both landlords and tenants when it comes to maintaining a rented property.
Who is responsible for repairs in a rented house?
The starting point is simple.
Both parties are expected to keep the property in roughly the same condition as it was at the beginning of the tenancy, apart from normal wear and tear that comes with everyday use.
However, the law places responsibility for certain repairs and maintenance work on the landlord. These obligations may be specified in the tenancy agreement or covered under the Act's Second Schedule.
In practical terms, major maintenance and repairs that fall within the landlord's responsibilities cannot simply be ignored.
What can a tenant do if the landlord refuses to carry out repairs?
A common source of conflict arises when repairs are needed but the landlord does not act.
Under the Model Tenancy Act, tenants are not left without options.
If a landlord fails or refuses to carry out repairs they are obligated to undertake, the tenant can arrange for the repairs and recover the cost by deducting it from future rent payments.
There is, however, a limit.
The deduction cannot exceed 50 per cent of the agreed monthly rent in any given month.
For example, if repair expenses are significant, the amount may need to be adjusted over multiple months rather than recovered at once.
Can a tenant leave if the property becomes uninhabitable?
In some cases, delayed repairs can make a property difficult or even impossible to live in.
The Act provides a remedy here as well.
If a rented premises becomes uninhabitable because a landlord failed to carry out necessary repairs, the tenant may choose to vacate the property after giving a written notice of 15 days.
This provision is intended to protect tenants from being forced to remain in unsafe or unlivable conditions.
What responsibilities does a tenant have during the tenancy?
The law does not place all obligations on landlords.
Tenants are expected to take reasonable care of the property throughout the tenancy period.
They must not intentionally or negligently damage the premises and are required to promptly inform the landlord in writing if any damage occurs.
The responsibility also extends to maintaining fittings, fixtures and the overall habitability of the property in a manner consistent with normal residential use.
Can repair costs be deducted from a tenant's security deposit?
Yes, in certain situations.
If a tenant fails to carry out repairs that fall under their responsibility, the landlord can undertake the repairs and recover the cost from the tenant's security deposit.
The same applies if a tenant constructs any unauthorised structure within the premises and the landlord incurs expenses removing it.
If the repair cost exceeds the available security deposit, the tenant must pay the remaining amount within one month of receiving notice from the landlord.
What happens if a flood, fire or natural disaster damages the property?
Not every repair issue is caused by either party.
The Model Tenancy Act also deals with force majeure events such as floods, cyclones, fires and other natural calamities that make a property uninhabitable.
In such situations, the landlord cannot charge rent until the premises are restored to a habitable condition.
If restoration is not possible, the landlord must refund the security deposit and any advance rent within 15 days after the expiry of the notice period.
For tenants dealing with unexpected damage caused by natural disasters, this provision offers protection against paying rent for a home they can no longer occupy.
Why do tenancy agreements matter so much in repair disputes?
While the Model Tenancy Act lays down a broad framework, many repair-related disagreements ultimately come down to what is written in the tenancy agreement.
That's why both landlords and tenants should clearly define maintenance responsibilities before moving in.
A well-drafted agreement can prevent disputes over who fixes a leaking tap, who pays for damaged fixtures and what happens when larger repairs become necessary.
Because when something breaks, the biggest problem is often not the repair itself — it's figuring out who is expected to foot the bill.
(With TOI inputs)
