Landlord's Maintenance and Repair Obligations
Written in plain language to promote general understanding. This is educational information, not legal advice. Based on Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions.
Indian Central Law
What is this right?
A landlord is legally obligated to maintain rented premises in a condition fit for the purpose for which they were let.
- Transfer of Property Act, s. 108(b): The landlord must keep the property in a condition fit for the use agreed upon and is responsible for repairs that are not caused by the tenant's neglect.
- MTA, s. 15: Major repairs (structural, waterproofing, electrical wiring, plumbing) are the landlord's responsibility; minor repairs and routine maintenance are the tenant's responsibility — the agreement must specify which category applies.
- MTA, s. 16: If the landlord fails to carry out repairs within a reasonable time after notice, the tenant may carry out the repairs and deduct the cost from rent, subject to a limit (typically 1 month's rent per repair cycle).
- A landlord cannot use failure to maintain as a strategy to force the tenant out — this amounts to constructive eviction.
When does it apply?
- Your rented home has a structural defect, leaking roof, broken plumbing, or faulty electrical wiring that the landlord refuses to fix.
- The landlord claims you are responsible for repairs that are plainly structural.
- You want to deduct repair costs from rent and need to know the procedure.
What should you do?
- Send a written notice to the landlord specifying the defect, requesting repairs within a reasonable time (typically 7–14 days for urgent repairs).
- If the landlord fails to respond, engage a contractor, get a written quote, carry out the repairs, and deduct the cost from the next month's rent — attach the invoice to your rent payment.
- File a complaint before the Rent Authority if the landlord contests the deduction.
- For uninhabitable conditions (no water, collapsed ceiling), file an emergency application before the Rent Court for an order compelling repairs.
What should you NOT do?
- Do not withhold entire rent to pressure the landlord into repairs — partial withholding tied to a specific repair cost is legally defensible; full withholding may give the landlord grounds for eviction for non-payment.
- Do not carry out major structural repairs (rebuilding walls, replacing roofing) without the landlord's consent — you may lose the ability to recover those costs.
- Do not agree verbally to take on major repair responsibility — any such agreement should be in writing in the tenancy agreement.
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