When renting an apartment, repairs are almost inevitable. A leaking tap, faulty electrical switch, damaged cupboard or water seepage can raise an important question: should the tenant pay, or is the landlord responsible? Uncertainty about rental property maintenance can lead to disagreements, unexpected expenses and disputes over the security deposit.
If you are renting an apartment in Kochi or elsewhere in Kerala, understanding tenant and landlord repair responsibilities before signing the rental agreement can help you avoid confusion and protect your interests.
1. What Repairs Should the Landlord Usually Handle?
Landlords generally need to address significant defects that affect the property's safety, structure or essential facilities, subject to applicable law and the rental agreement.
Common examples may include:
• Structural cracks or serious building defects
• Roof leakage or major water seepage
• Defective plumbing within walls
• Major electrical wiring problems
• Serious defects in essential fixtures provided with the apartment
• Repairs needed to make the property safe and reasonably habitable
For example, if water leaks through the ceiling because of a building defect, the tenant should notify the landlord promptly rather than attempting major repairs independently.
In Kerala, Section 17(2) of the Kerala Buildings (Lease and Rent Control) Act, 1965 addresses a landlord's responsibility for periodic maintenance and necessary repairs, including a procedure where a landlord fails to act after receiving notice. The law's application and available remedies should be checked for the particular tenancy.
2. Which Repairs May Be the Tenant's Responsibility?
Tenants are generally expected to use the apartment responsibly and take reasonable care of the property. Small repairs caused by everyday use may be handled by the tenant, depending on the agreement and circumstances.
Examples may include:
• Replacing ordinary light bulbs
• Replacing batteries in remotes or devices
• Minor adjustments to handles or cupboard fittings
• Cleaning accessible drains and avoiding blockages
• Repairing damage caused by careless use
If a tenant breaks a window, damages a door or causes a plumbing blockage through improper use, the tenant may be responsible for the resulting repair costs.
However, not every minor repair automatically becomes the tenant's responsibility. The cause of the problem, the rental agreement and applicable law all matter. Normal wear and tear should also be distinguished from damage caused by negligence.
3. Who Pays for Plumbing and Water Leakage?
Plumbing problems are common in rental apartments. A dripping tap, blocked sink, leaking pipe or malfunctioning flush may require different solutions depending on the cause.
If a minor problem results from ordinary use, the agreement may require the tenant to arrange the repair. If the issue arises from ageing pipes, concealed plumbing defects or a major building problem, the landlord may need to address it.
Water leakage should be reported quickly because it can damage cabinets, flooring, walls and neighbouring apartments. Take photographs or videos, inform the landlord in writing and keep a record of any response.
Do not assume that every plumbing repair belongs to one party. Establish the cause first, particularly when the leak originates inside a wall or affects the building's shared plumbing system.
4. What About Electrical Repairs and Appliances?
Responsibility for electrical repairs often depends on whether the problem involves the apartment's wiring, a supplied appliance or damage caused by the tenant.
A serious fault in fixed electrical wiring may require the landlord to arrange a qualified electrician. If a tenant damages a switch or appliance through misuse, the tenant may have to pay for the repair.
If the apartment is furnished, prepare an inventory of the appliances supplied, including the refrigerator, washing machine, air conditioner and water heater. Ask who will handle breakdowns caused by normal wear, and who will pay when damage results from misuse.
For safety, avoid attempting electrical repairs yourself. Report sparks, burning smells, exposed wires or repeated power trips immediately and seek qualified assistance.
5. Who Is Responsible for Common-Area Maintenance?
In apartment buildings, some repairs concern shared facilities rather than an individual flat. These may include lifts, staircases, common lighting, water pumps, drainage systems, security equipment and shared parking areas.
The apartment association or building management may coordinate these repairs, with costs funded through maintenance contributions from owners. Tenants may pay maintenance charges if the rental agreement requires it, but that does not automatically mean they are responsible for arranging every common-area repair.
Ask the landlord or building manager how to report problems and whether any additional charges apply. Clarify who is responsible for paying those charges under your rental agreement.
6. What Should You Do When the Landlord Delays Repairs?
If a repair is needed, notify the landlord as soon as possible. Describe the problem, explain its impact and include photographs where useful. Written communication through email or messaging can help create a record of the request.
If the landlord does not respond, send a follow-up with a reasonable deadline, taking the urgency of the issue into account. For serious problems involving safety, water damage or essential services, seek prompt professional advice.
Do not automatically deduct repair costs from rent or stop paying rent without checking the legal procedure that applies. Kerala's Buildings (Lease and Rent Control) Act provides a specific route concerning necessary repairs when a landlord fails to act after notice. A tenant should obtain legal advice before relying on this procedure. See the Act's repair provision.
7. Check the Rental Agreement Before Moving In
The rental agreement should clearly explain how repairs, maintenance charges and damage costs will be handled. Before signing, check:
• Which repairs the landlord will arrange and pay for
• Which minor repairs the tenant must handle
• How appliance breakdowns will be managed
• Who pays for common-area maintenance
• How repair requests should be submitted
• How damage and security-deposit deductions will be assessed
Take photographs of the apartment's condition before moving in and record any existing defects. This can help prevent disputes when the tenancy ends.
Conclusion
Understanding who pays for repairs in a rental apartment can help tenants and landlords avoid unnecessary disagreements. Structural defects and major maintenance issues may require the landlord's attention, while tenants should take care of the property and may be responsible for damage they cause. The exact position depends on the facts, the rental agreement and applicable law.
Looking for apartments for rent in Kochi or across Kerala? Visit Bynsel.com to explore rental listings and find a property that suits your needs.