Who pays for repairs: renter or landlord?

Short answer

The landlord is responsible for maintaining the property in a reasonable state of repair, including fair wear and tear and anything that fails through age. The renter is responsible for damage they or their guests cause. Every state defines a category of urgent repairs — burst pipes, gas leaks, dangerous electrical faults, no hot water — which must be arranged promptly, and each has a process letting a renter arrange them and be reimbursed when the landlord cannot be reached.

The general rule is simple and the arguments are almost always about which side of it a particular problem sits on.

The general division

Usually the landlordUsually the renter
Hot water system fails with ageA window broken by the renter or a guest
Roof leaksA drain blocked by what was put down it
Wiring or plumbing faultsDamage beyond fair wear and tear
Appliances supplied with the propertyAppliances the renter owns
Pest problems present at the startPests attracted by how the property is kept
Anything affecting safety or habitabilityConsumables such as light globes, in most states

Urgent repairs

Every state and territory defines a list of urgent repairs — typically burst pipes, blocked or broken toilets, serious roof leaks, gas leaks, dangerous electrical faults, flooding, and failure of an essential service such as hot water, heating or cooking. They must be attended to promptly rather than in the ordinary course.

If the landlord or agent cannot be contacted, each state provides a process allowing the renter to arrange an urgent repair with a suitably qualified tradesperson and be reimbursed, usually up to a capped amount and subject to notice requirements. The cap and the steps differ by state, so check your state's tenancy authority before spending — following the process is what makes reimbursement enforceable.

What to do, in order

  1. Report it in writing, with photographs and the date. A phone call that is later denied is worth nothing.
  2. Say clearly whether you consider it urgent, and why.
  3. Give a reasonable time to respond, unless it is urgent — in which case follow your state's urgent repair process.
  4. Keep every message, quote and receipt.
  5. If nothing happens, escalate to your state tenancy authority or tribunal. That is what they are for and it is not an extreme step.

Never stop paying rent to force repairs. It is the most common mistake and it converts a repair dispute you would probably win into a rent arrears dispute you will probably lose. States provide rent-reduction and repair-order mechanisms; use those instead.

Common questions

Can a renter arrange their own repairs?
For urgent repairs, yes — if the landlord or agent cannot be contacted, every state has a process allowing a renter to arrange the repair with a suitably qualified tradesperson and claim reimbursement, usually capped. For non-urgent repairs, arranging your own without approval generally means wearing the cost.
What counts as an urgent repair?
Typically burst pipes, gas leaks, dangerous electrical faults, serious roof leaks, flooding, blocked or broken toilets, and failure of an essential service like hot water or heating. The exact list is set by each state's residential tenancies legislation.
Can rent be withheld until repairs are done?
No — withholding rent puts you in breach and risks the tenancy, however justified the frustration. The proper routes are a repair order or a rent reduction through your state's tenancy tribunal, which are designed for exactly this and do not put your tenancy at risk.

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