Repairs and deposits: what your lease really says

Imagine a tenant who moves into a flat, signs the lease quickly because several other people want it, and settles in. Months later the boiler fails in winter. The landlord says the lease makes the tenant responsible for maintaining appliances. The tenant thinks major repairs are the landlord's job. When the tenancy ends, there is a second disagreement, this time about how much of the deposit should be returned for marks on the walls that the tenant says were already there.

Repairs and deposits are two of the most common sources of disagreement between landlords and tenants. Most of these disputes come down to the same things: what the lease says, what the local rules require, and what evidence each side has.

The lease and the local rules

A lease, sometimes called a tenancy agreement or rental agreement, sets out what the landlord and tenant have agreed. But in many places, housing and tenancy rules give tenants certain protections that a lease cannot remove. A clause that tries to shift a responsibility the law places on the landlord may not be enforceable. What those protections are varies a great deal between countries, states and even cities.

So the first question is not only what the lease says, but also what the rules where the property is located say.

Repairs: what to look for in the lease

• Who is responsible for structural repairs, such as the roof, walls and foundations?
• Who is responsible for heating, hot water, plumbing and electrics?
• Who looks after appliances that came with the property?
• What minor maintenance does the tenant handle, such as changing light bulbs or keeping drains clear?
• How should problems be reported, to whom, and in what form?
• Can the landlord enter to inspect or repair, and how much notice must they give?

If something breaks, report it promptly and in writing, even if you also phone. Keep a copy, note the date, and take photographs. A written record helps both sides if there is later a question about when the problem started or whether it was reported.

Tenants are often tempted to withhold rent until a repair is done, or to arrange the repair themselves and deduct the cost. In some places this is allowed under certain conditions. In others it can put the tenant in breach of the lease. Check before doing either.

Most deposit disputes are won or lost on the evidence gathered on the first day of the tenancy.

Deposits: how they work

A security deposit is money paid at the start of a tenancy to cover unpaid rent or damage beyond normal use. Many places have rules about how deposits must be held, sometimes in a separate account or a government-approved scheme, how much can be charged, and how quickly the deposit must be returned at the end. Again, these rules vary.

Wear and tear versus damage

A key idea is fair wear and tear, which means the natural decline in a property's condition from ordinary living: slightly faded paint, worn carpet in walkways, small marks from furniture. Landlords generally cannot charge for this. Damage beyond ordinary use, such as large stains, holes or broken fixtures, is different. The line between the two is where many disagreements arise.

Protecting yourself at the start

1. Ask for a written inventory or condition report, and check it carefully before signing.
2. Take dated photographs or video of every room, including existing marks, stains and damage.
3. Note the condition of appliances and test them.
4. Keep copies of the lease, the inventory and any messages about the property in one place.

At the end of the tenancy

Clean the property and repair anything you are responsible for. Take a second set of photographs and, if possible, attend the final inspection. If deductions are proposed, ask for them in writing with an explanation. Many places offer a dispute service or a small-claims process for deposit disagreements, which is often simpler than going to court.

For landlords

The same habits help landlords: a clear lease, a detailed inventory with photographs, prompt responses to repair requests and careful records of what was spent and why. Clear, fair processes reduce disputes and make any that do arise easier to resolve.

Before you sign a lease

If you have been asked to sign a lease and want to understand what you are agreeing to on repairs, deposits and ending the tenancy, ArieFirm's lease review looks at the agreement with you before you commit. If you are a landlord preparing a lease, a ready-to-use residential lease can be a sensible starting point.