Who Pays for Repairs in a Rented Flat in India? A Complete 2026 Guide

Something breaks. The tenant says it is the landlord's job. The landlord says it is normal wear and tear. This guide explains who is legally responsible for which repairs in India, what the Model Tenancy Act 2021 actually says, and what to do when neither side will budge.

The overhead light in the kitchen stops working. The geyser in the bathroom starts leaking. The main door lock becomes stiff and eventually fails. In each case, the conversation between tenant and landlord follows the same script: the tenant says it is the landlord's job to fix it, and the landlord says it is normal wear and tear or the tenant must have caused it. Neither side budges. Days pass. The problem stays.

This is one of the most common friction points in Indian rentals, and it is largely avoidable. The Model Tenancy Act 2021 draws a reasonably clear line between landlord repairs and tenant repairs - but most people renting a flat in India have never read it, and most rent agreements say almost nothing specific about who fixes what. This guide closes that gap.

What the Model Tenancy Act 2021 Actually Says About Repairs

The Model Tenancy Act 2021 (MTA 2021) is the most up-to-date national framework for rental relationships in India. Its approach to repairs is straightforward: it separates "essential repairs" (the landlord's responsibility) from "routine upkeep" (the tenant's responsibility), and it sets a 30-day window for the landlord to act after receiving written notice.

Section 17 of the MTA 2021 places the following obligations on landlords: maintaining the structure and exterior of the premises, keeping essential services (water supply, electricity, sanitation) in working order, and repairing or replacing any furniture or fixtures provided as part of the tenancy. The landlord must carry out these repairs within 30 days of receiving a written notice from the tenant.

If the landlord fails to act within 30 days, the Act gives tenants the right to carry out the repair themselves and deduct the cost from the next rent payment - provided the repair was genuinely the landlord's responsibility and the cost is reasonable. In practice, this deduction route carries legal risk if the landlord disputes it, so it is worth exhausting the notice-and-wait process carefully before going there.

Repairs the Landlord Is Always Responsible For

These items fall clearly on the landlord's side of the line, regardless of which state you are in or what your rent agreement says:

• Structural repairs: cracks in walls or floors, a leaking roof or ceiling, waterproofing that has failed, staircase damage in a building. These are structural and are never the tenant's responsibility.
• Plumbing lines and drainage: blocked or broken drainage pipes inside the walls, water supply line failures (not taps the tenant uses daily), and overhead tank or sump pump issues in the building.
• Electrical wiring: any wiring inside the walls or in the distribution board, tripping MCBs due to faulty wiring, and the main meter connection. This excludes bulbs, tube lights, and plug-in appliances.
• Fixtures provided with the flat: if the geyser, ceiling fan, exhaust fan, or overhead light fitting was there when you moved in and is listed in the rent agreement, the landlord is responsible for repairing or replacing it when it fails through normal use.
• Building-level services: the lift, common area lighting, building water pump, and external compound are the landlord or society's responsibility - not the individual tenant's.
• Pest infestation in the structure: termites in the walls or flooring, rodents entering through structural gaps. This is different from cleanliness-related pest issues caused by the tenant's habits.

One practical note: if a furnished flat has a geyser that was working when you moved in but fails six months later, this is a landlord repair. However, if you moved in and the geyser was already described as "old and may need replacement soon" - get that in writing in the agreement so there is no ambiguity later.

Repairs the Tenant Is Always Responsible For

These fall on the tenant's side regardless of the agreement or state law:

• Routine consumables: light bulbs, tube light starters, fuse wires, batteries in remote controls, and similar low-cost items that need periodic replacement through normal use.
• Minor plumbing fixtures: a leaking tap washer, a dripping faucet, a stuck flush handle - these are routine tenant maintenance items. The tap itself is a fixture; the washer inside it that wears out is the tenant's upkeep.
• Damage caused by the tenant: a broken window pane, a cracked tile where a heavy object fell, a door hinge broken by force, or a wall socket damaged by incorrect plugging. Any damage that results directly from the tenant's actions or negligence is the tenant's cost.
• Cleanliness-related pest issues: cockroaches in the kitchen from food not stored properly, ants, and similar pest issues that result from the tenant's housekeeping. This is the tenant's responsibility to manage.
• General upkeep and cleanliness: keeping drains clear, cleaning exhaust vents, maintaining the flat in habitable condition - these are the tenant's day-to-day responsibilities under every tenancy framework in India.
• Tenant-installed additions: anything the tenant added to the flat (an extra shelf, a curtain rod, an additional AC) is the tenant's responsibility to maintain, repair, or remove at the end of the tenancy.

The Grey Zone: Six Common Repair Scenarios, Clarified

Most repair disputes happen in a grey area where neither side is obviously right. Here is how to think through the six most common scenarios:

How to Make a Repair Request That Actually Works

A verbal complaint almost never gets a clear response - and it has no legal standing if you need to escalate later. Here is a five-step process that works:

1. Photograph the problem immediately. Take timestamped photos or a short video the day you notice the issue. This documents the condition and the date. WhatsApp's automatic timestamp on images is useful here.
2. Send a written message on WhatsApp or email. Describe the issue factually: "The kitchen tap is dripping constantly from the base of the spout, not just the nozzle - I believe it is the pipe connection behind the wall. Please arrange a repair." Include one or two photos. This starts the 30-day clock under MTA 2021.
3. Wait for a response and keep the thread. Do not delete the conversation. A read receipt or a blue tick confirms the landlord saw the message. If there is no response in three to four days, follow up once with a clear note: "Following up on my message from [date] - please confirm when this will be arranged."
4. Give a reasonable deadline. After two follow-ups with no commitment, send a short formal message: "I have not received a response in [X] days since reporting this issue. Under the terms of the tenancy and applicable law, I am requesting this repair be completed within 30 days of this notice. If not resolved, I may need to explore other remedies." Keep the tone factual, not aggressive.
5. Document everything before acting further. If the 30 days pass with no action and you are considering getting the repair done yourself and deducting the cost from rent, first consult a local advocate. This is a legitimate right under MTA 2021, but the documentation must be airtight to avoid a deposit dispute at the end of the tenancy.

I am aware this is one experience, and good outcomes happen with brokers too. I am not suggesting the platform is magical or that every match will be seamless. What I am saying is that the information advantage alone is worth something significant. I knew who I was meeting before I met them. That changes the dynamic of the entire transaction.

What to Do When a Landlord Ignores Repair Requests

If the written notice process has run its course and the landlord is still unresponsive, here are your escalation options in order of difficulty:

• Carry out the repair and deduct from rent (MTA 2021 states only). In states that have adopted the MTA 2021, you may carry out an essential repair after the 30-day notice period and deduct the cost from the next month's rent. Keep all receipts and before-and-after photos. Inform the landlord in writing before you pay the repair bill. This is a legally recognised right, but it requires clean documentation - and a landlord who disputes it could withhold part of your deposit at exit.
• File a complaint with the Rent Authority (MTA 2021 states). Under the MTA 2021 framework, tenants can approach the Rent Authority - a designated government officer - to resolve disputes including maintenance failures. This is faster than going to court and does not require a lawyer for the initial complaint. Check your state government portal for the Rent Authority contact in your district.
• Consumer forum complaint via eDaakhil. For appliance-related disputes (a provided geyser or AC that has not been repaired), the consumer forum is an option. The National Consumer Disputes Redressal Commission's eDaakhil portal allows online complaint filing. This is more suitable for a clear-cut appliance failure with documented evidence.
• Rent Control Court. If the repair failure constitutes a violation of the tenancy terms, you can approach the Rent Control Court in your city. This is the slowest route but creates a formal legal record. It is most relevant when the repair failure is ongoing, significant (structural water damage, non-functioning essential services), and documented over time.

Disclaimer: the above is general information and does not constitute legal advice. Rules vary by state and change. For current rules in your state, consult a local advocate or refer to your state government's tenancy portal.

Preventing Repair Disputes Before They Start

Most repair disputes are not really about the broken tap or the faulty geyser. They are about unclear expectations set - or not set - at the beginning of the tenancy. A well-structured rent agreement and a thorough move-in inspection eliminate most of these disputes before they arise.

Three things that protect both sides from day one:

1. A detailed inventory annexure at move-in. Every item in the flat - every fitting, fixture, and appliance - should be listed in a signed annexure attached to the rent agreement. The condition of each item should be noted: "working", "minor rust", "old but functional". This is the baseline for any exit dispute. If the geyser was noted as "old, may need replacement" at move-in, neither party can reasonably claim the other caused its failure two years later. For more on this, see our guide to what fully furnished actually means in Indian rentals.
2. A maintenance clause in the agreement. The rent agreement should specify: what items the landlord is responsible for, what items the tenant maintains, and what the process is if a repair is needed (written notice, response window, who arranges the repair person). Most boilerplate agreements skip this. If yours does not cover it, ask the landlord to add a brief clause before signing.
3. Photographs at move-in and move-out. A five-minute photo walkthrough when you move in - and another when you move out - creates the clearest possible evidence of what changed during the tenancy. Date-stamped and uploaded to a cloud folder both parties can access, this reduces deposit disputes significantly. For a broader view of deposit protection, see our guide to security deposit rules in India.

One more practical note for tenants who have not yet moved in: if you are using a platform like RenterFinder's Prospective Renters' List, the AI and human moderated chat inside the platform allows you to ask the landlord about the flat's condition, which fittings are included, and what their maintenance policy is - before paying anything or visiting the property. Getting those answers on the record before a meeting is exactly the kind of due diligence that prevents repair disputes six months later.

The Bottom Line on Who Pays for Repairs in India

The split is not complicated once you know it: landlords handle structure, essential services, and provided fixtures; tenants handle day-to-day upkeep and damage they cause. The Model Tenancy Act 2021 gives tenants a 30-day notice right and a repair-and-deduct remedy when landlords default on their obligations. In states without MTA adoption, the Rent Control Court and consumer forum are the main escalation routes.

What makes the difference in practice is documentation. Written requests, photographs, signed inventories, and a clear agreement clause turn a potential dispute into a resolved maintenance matter. Without documentation, both sides argue from memory - and memory is unreliable.

If you are about to sign a rent agreement and the landlord has not included a maintenance clause, ask for one. A landlord who is confident in their property and their maintenance habits will not refuse. A landlord who resists this conversation is telling you something useful before you move in. For a full breakdown of what a good rent agreement should cover, see our guide to hidden charges in Indian rental agreements.