Tenant responsible for all repairs and maintenance
Unenforceable in most states. Every state imposes an 'implied warranty of habitability' that puts major repairs (heat, plumbing, structural, weatherproofing) on the landlord, no matter what the lease says.
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What it actually means
A lease can put minor maintenance — replacing light bulbs, changing furnace filters, treating for pests caused by the tenant — on you. What it can't do is shift the cost of keeping the unit habitable.
Heat in winter, hot and cold water, working plumbing and electrical, a sound roof, a working stove and refrigerator (if provided): these are the landlord's responsibility under nearly every state's implied warranty of habitability. A clause that tries to push them to the tenant is usually void as a matter of public policy.
What it looks like in a lease
"Tenant shall be solely responsible, at Tenant's own expense, for all repairs, maintenance, and replacement of any and all systems and components of the Premises, including but not limited to plumbing, electrical, HVAC, appliances, and structural elements."
What to watch for
- Specific carve-outs that try to push HVAC, plumbing, or roof onto the tenant
- Dollar caps requiring tenant to pay for the 'first $200' of every repair (often unenforceable above ~$100)
- Requirement that tenant use the landlord's vendors
How to negotiate it
Push hard. Counter with: 'Tenant is responsible only for minor repairs under $100 caused by Tenant's negligence. All other repairs are Landlord's responsibility under the implied warranty of habitability.'
When it crosses into a red flag
- Tenant pays for ALL HVAC, plumbing, or roof repairs regardless of cause
- Tenant must pre-pay a 'repair deposit'
- Tenant waives the implied warranty of habitability
Frequently asked questions
Can the landlord make me pay for the furnace breaking?
Almost never. Heat is part of the implied warranty of habitability in every state, and a clause shifting it to the tenant is generally unenforceable. The exception is if you broke it through misuse or negligence.
What about clogged drains?
Clogs from normal use are the landlord's responsibility; clogs you caused (grease, foreign objects, hair buildup over time) the lease can put on you. Document the cause in your maintenance request.
Related clauses
General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.
