When Can Landlords Bill Tenants for Repairs?

Answer

Tenants wonder if landlords can pass repair costs back to them—the answer depends on lease terms, state law, and the nature of the damage. Understanding when repairs move beyond “normal wear and tear” helps both parties avoid disputes and unexpected bills.

Most leases include a repair and maintenance clause that spells out tenant responsibilities. Landlords may charge tenants for:

• Excessive damage: Holes in walls, broken fixtures, or pet damage beyond routine use.
• Lease violations: Unauthorized alterations (e.g., painting walls without permission).
• Negligence or misuse: Clogged drains due to improper items, stains on carpets, or appliance misuse.

Landlords cannot deduct for ordinary wear and tear, such as faded paint, loose doorknobs after years of use, or minor carpet wear. To recover repair costs, a landlord typically:

• Uses the tenant’s security deposit (usually one to two months’ rent).
• Provides an itemized list of deductions and receipts within 21–60 days after lease termination, per state statutes.
• Seeks additional damages in small claims court if repairs exceed the deposit limit (court caps vary by state, often $5,000–$10,000).

Before charging a tenant, landlords should:

• Document pre‑ and post‑move inspections with dated photos or video.
• Obtain written estimates from licensed contractors rather than charging arbitrary rates.
• Ensure deposit deductions comply with local laws—some states require written notice before repairs begin.

Tenant renters insurance may cover certain accidental damages, while landlord property insurance often excludes tenant negligence. Both parties benefit from clear communication and prompt reporting of maintenance issues to prevent small problems from becoming costly repairs.

Every state enforces different rules on deposit use, notice periods, and allowable charges. It’s advisable to consult a licensed attorney or review local landlord‑tenant statutes—resources like the HUD website can offer guidance on federal standards and links to state agencies—before making or disputing repair charges.