Who is responsible for repairs and maintenance in a rented property, the landlord or the tenant?

Question

The roof of my rented house is leaking and my landlord refuses to fix it. Whose legal responsibility is this? Before I spend money on it, I want to know whether Transfer of Property Act 1882, Section 108(m) gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

MyVakeel Legal Desk · Accepted Answer

Transfer of Property Act 1882, Section 108(m), Transfer of Property Act 1882, Section 108(b) and Model Tenancy Act 2021, Section 15 is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.

Section 108(m) of the Transfer of Property Act requires the tenant to keep the property in as good condition as it was when they took possession, subject to normal wear and tear, meaning routine everyday maintenance is generally the tenant's obligation.

Section 108(b) entitles the tenant, in the absence of a contrary agreement, to make repairs necessary to keep the property fit for habitation if the landlord neglects to do so after notice, and to deduct the reasonable cost from the rent payable.

Structural repairs such as roof leaks, major plumbing, electrical wiring and the building's structural integrity are ordinarily treated as the landlord's responsibility since they affect the property's habitability rather than daily use.

Section 15 of the Model Tenancy Act 2021, where adopted, expressly allocates specific repair obligations between landlord and tenant, and allows the tenant to approach the Rent Authority if the landlord fails to carry out structural repairs.

A well-drafted lease agreement should specify which repairs fall on the landlord and which on the tenant, since disputes over vague or undocumented repair obligations are common and hard to resolve without clear written terms.

What this means for you: 1) Send a written notice to the landlord specifying the repair needed and a reasonable time to fix it; 2) If the landlord fails to act, get the repair done and deduct reasonable cost from rent with documentation; 3) Approach the Rent Authority or Rent Controller if the landlord disputes the deduction; 4) Keep photographs, invoices and correspondence as evidence of the repair and its cost.

Where the facts are disputed, what usually decides a landlord tenant repair responsibility matter is the paper trail — dated complaints, acknowledgments and written replies under Transfer of Property Act 1882, Section 108(m). You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in property law.