Who Pays for Repairs in a Maharashtra Rent Agreement?

A leaking tap. A broken geyser. An electrical problem. A damaged door lock.

The repair may cost only a few hundred or thousand rupees—but one question can quickly turn it into an owner-tenant dispute:

Who is supposed to pay for it?

Many rental agreements clearly mention the rent and security deposit but give very little attention to repair and maintenance responsibilities.

That can be a costly mistake.

A properly drafted Registered Leave & License Agreement should clearly explain what the owner will maintain, what the occupant will be responsible for, and what happens when damage is caused by misuse.

Quick Answer

There is no sensible one-line rule saying that every repair must always be paid by either the owner or the tenant.

Under Section 14 of the Maharashtra Rent Control Act, the landlord is generally required, in the absence of an agreement to the contrary, to keep premises in good and tenantable repair. The Act also sets out a process where a tenant may, after the required notice and subject to statutory conditions, undertake repairs that the landlord was bound to make and seek recovery or adjustment.

However, rental arrangements can involve different categories of maintenance, day-to-day usage, appliances, accidental damage and mutually agreed responsibilities.

That is why the agreement should define these responsibilities clearly before possession is handed over.

What Does Maharashtra Law Say About Repairs?

Section 14 of the Maharashtra Rent Control Act, 1999 states that, in the absence of an agreement to the contrary by the tenant, the landlord is bound to keep the premises in good and tenantable repair.

The section further provides a statutory mechanism where, if a landlord neglects repairs he is legally bound to make after receiving the prescribed notice, the tenant may undertake those repairs and recover or adjust the expenditure subject to the conditions and limits specified in the Act.

This does not mean every small repair or every item damaged during occupancy automatically becomes the owner's expense.

The cause of the problem, nature of the repair, contractual terms and circumstances all matter.

The Best Approach: Divide Repairs Into Categories

Instead of writing a vague clause such as:

“Repairs will be paid by the tenant.”

or

“All maintenance is owner's responsibility.”

the agreement should distinguish between different types of repairs.

1. Structural and Major Property Repairs

Major repairs connected with the basic condition of the property are generally matters owners should pay particular attention to.

Examples may include:

• Major structural problems
• Significant seepage originating from the building or structure
• Serious concealed plumbing defects
• Major electrical-system defects
• Roof or ceiling problems
• Structural cracks
• Major deterioration not caused by the occupant

Section 14's general obligation regarding keeping premises in good and tenantable repair is particularly relevant when considering these kinds of property-condition issues.

2. Minor Day-to-Day Repairs

Small repairs occur naturally while somebody occupies a property.

Examples:

• Tap washer replacement
• Small drain blockage
• Light bulb replacement
• Minor switch replacement
• Door handle adjustment
• Small fittings
• Routine cleaning

Owners and tenants should decide before signing who will handle such routine expenses.

Some agreements provide that minor day-to-day maintenance up to a mutually agreed value will be handled by the occupant, while larger repairs remain with the property owner.

There is no benefit in leaving this unclear.

3. Damage Caused by the Tenant

There is an important difference between:

Normal wear and tear

and

Actual damage caused by misuse or negligence.

For example:

Normal wear and tear may include:

• Gradual paint fading
• Ordinary ageing of fittings
• Minor marks from normal use

Potential damage may include:

• Broken doors due to misuse
• Damaged furniture
• Large holes drilled into walls without permission
• Broken sanitary fittings
• Appliance damage caused by improper handling

The agreement should define how such damage will be assessed and whether legitimate repair costs can be adjusted against the security deposit.

4. Appliances Provided With the Property

Furnished and semi-furnished properties require additional clarity.

Suppose the owner provides:

• Refrigerator
• Washing machine
• Air conditioner
• Television
• Geyser
• Water purifier
• Microwave
• Chimney

Who pays if one stops working?

The answer may depend on why it stopped working.

Example

If an old refrigerator fails because of normal ageing, the parties may treat this differently from a refrigerator damaged because it was improperly handled.

Therefore, your agreement can specify:

• Who handles routine servicing
• Who pays for normal breakdown
• Who pays for damage caused by misuse
• Whether the appliance will be replaced if beyond repair

5. Plumbing Problems

Plumbing disputes are extremely common.

Consider these two situations:

Situation A

An internal pipeline develops a leak because of ageing.

Situation B

A washbasin becomes blocked because inappropriate material was repeatedly disposed into it.

Although both are “plumbing problems,” responsibility may be completely different.

The agreement should distinguish between property-related defects and damage caused by usage.

6. Electrical Repairs

The same principle applies to electrical systems.

Possible owner-side issues may include significant problems with permanent wiring or infrastructure, depending on the circumstances.

Day-to-day matters could include:

• Bulbs
• Batteries
• Small replaceable items

Damage caused by unauthorised modification or misuse should be addressed separately.

7. Society Maintenance Charges

Another common question is:

Who pays the society maintenance—the owner or tenant?

Do not rely on assumptions.

Write it in the agreement.

The agreement should specify whether:

• Owner pays complete society maintenance
• Tenant pays selected usage-related charges
• Certain charges are included in monthly rent
• Additional services are paid separately

Avoid simply writing “maintenance extra.”

Be specific.

8. Electricity, Water and Other Utilities

Utility responsibilities should also be clearly mentioned.

The agreement can specify responsibility for:

⚡ Electricity consumption

💧 Water charges

🔥 Gas

🌐 Internet

📺 DTH / cable services

🏢 Usage-based society charges

Keep meter readings at both move-in and move-out.

Photographs can provide useful supporting records.

Always Report Major Repairs Quickly

Tenants should not ignore a small problem until it becomes a major one.

For example:

A small water leak reported immediately may require a simple repair.

If ignored for several months, it could damage:

• Walls
• Furniture
• Flooring
• Electrical wiring
• Neighbouring property

A good agreement can require the occupant to promptly inform the owner about significant defects.

Should the Tenant Repair Something Without Informing the Owner?

For significant repairs, unilateral action should generally be avoided unless the situation genuinely requires emergency intervention or the applicable legal process permits it.

For repairs covered by Section 14, the Maharashtra Rent Control Act contains a specific statutory notice-and-recovery mechanism rather than simply allowing unlimited repair deductions whenever a tenant chooses.

From a practical perspective, maintaining written communication and invoices is sensible.

Can a Tenant Deduct Repair Costs From Rent?

Do not automatically deduct repair expenses from monthly rent simply because a repair occurred.

Section 14 provides a specific mechanism and conditions for repairs that the landlord was legally bound to undertake, including notice requirements and statutory limits.

For ordinary contractual situations, owners and tenants should follow their agreement and obtain appropriate advice where a dispute exists.

Take Photos Before Handing Over Possession

One of the simplest ways to prevent a repair dispute is to record the property's condition before the tenancy starts.

Photograph:

📸 Walls

📸 Flooring

📸 Bathrooms

📸 Kitchen

📸 Doors

📸 Windows

📸 Electrical fittings

📸 Plumbing fixtures

📸 Furniture

📸 Appliances

📸 Existing cracks or damage

Both parties should retain the records.

Prepare a Furniture & Appliance Inventory

For furnished properties, prepare an inventory such as:

Item

Quantity

Condition

Air Conditioner

2

Working

Refrigerator

1

Working

Geyser

2

Working

Washing Machine

1

Working

Sofa

1 Set

Good

Wardrobe

3

Good

This helps establish what existed at the beginning of the tenancy.

How Should a Repair Clause Be Structured?

A good repair and maintenance section can answer five questions:

1. What will the owner maintain?

Define major or property-related responsibilities.

2. What will the tenant maintain?

Define routine day-to-day responsibilities.

3. What happens if the tenant causes damage?

State how repair or replacement costs will be handled.

4. What happens when an appliance fails naturally?

Clarify servicing, repair and replacement responsibility.

5. How should problems be reported?

Specify whether written notice, WhatsApp, email or another communication method should be used.

Don't Copy a Generic Rent Agreement Blindly

Two properties can have completely different requirements.

Property A

Unfurnished 1BHK with no appliances.

Property B

Fully furnished 4BHK containing:

• Four air conditioners
• Refrigerator
• Washing machine
• Television
• Modular kitchen
• Sofa
• Beds
• Water purifier

Using exactly the same maintenance clause for both properties makes little sense.

Your agreement should reflect the actual property being rented.

Why Registered Agreements Matter

Section 55 of the Maharashtra Rent Control Act requires agreements for leave and licence or letting covered by the provision to be in writing and registered, with responsibility for registration placed on the landlord.

The Maharashtra Department of Registration and Stamps also provides an official online Leave & License registration facility that allows citizens to prepare agreements and view drafts as part of the registration process.

This makes the draft-review stage extremely important.

Don't wait until registration is completed to notice that the repair clause does not match what you agreed.

Owner's Repair Checklist Before Possession

Before giving the tenant keys:

• Complete known major repairs
• Check plumbing
• Check switches and sockets
• Test appliances
• Photograph the property
• Prepare furniture inventory
• Record meter readings
• Discuss maintenance responsibility
• Put the agreed terms in writing
• Review the final draft before registration

Tenant's Checklist Before Moving In

Before accepting possession:

• Inspect every room
• Test major appliances
• Check plumbing
• Check electrical fittings
• Photograph existing damage
• Confirm society charges
• Understand maintenance obligations
• Read the repair clause
• Keep a copy of the inventory
• Report existing defects immediately

Frequently Asked Questions

Is every repair the landlord's responsibility in Maharashtra?

No single rule should be interpreted to mean that every conceivable repair must always be paid by the landlord. Section 14 provides a general landlord obligation regarding good and tenantable repair in the absence of an agreement to the contrary, but contractual terms, cause of damage and the particular circumstances can also matter.

Is every small repair the tenant's responsibility?

Not automatically. The parties should clearly define routine maintenance responsibilities in the agreement rather than relying on assumptions.

Who pays if an appliance provided by the owner stops working?

The agreement should define this. Natural breakdown, routine servicing and damage caused by misuse can reasonably be treated differently.

Can the security deposit be used for repairs?

An agreement can define legitimate deductions for damage or other outstanding obligations. Deductions should be supported and consistent with the agreement and applicable law.

Who should pay society maintenance?

Clearly state this in the agreement. Do not assume that either the owner or tenant automatically bears every society charge.

Should repair responsibilities be written in a Registered Rent Agreement?

Yes. Clearly documenting responsibilities reduces uncertainty and makes it easier for both parties to understand their obligations.

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Final Takeaway

Don't wait until the tap leaks, AC stops working or electrical problem occurs to ask:

“Who is going to pay?”

Discuss repair responsibilities before signing the Rent Agreement.

Clearly define:

Major repairs.
Minor repairs.
Appliance servicing.
Damage responsibility.
Society maintenance.
Utility charges.

A few clear clauses today can prevent months of unnecessary arguments later.

Define it. Document it. Register it.

Disclaimer: This article provides general information and is not legal advice. The legal position can depend on the nature of the arrangement, property, contractual terms and individual circumstances. Parties should obtain professional advice for specific disputes.