Maintenance Clause
Medium RiskA provision in a lease that allocates responsibility for maintaining and repairing the rental property between the landlord and the tenant.
In Plain English
A maintenance clause spells out who's responsible for what when something needs fixing or upkeep. Generally, landlords are legally required to maintain the structure, plumbing, heating, and major systems. Tenants are responsible for keeping things clean and reporting issues promptly. But leases often try to shift more responsibility onto tenants — sometimes going beyond what the law allows. This clause is where you find out who pays for a broken appliance, who mows the lawn, and who calls the plumber.
Why It Matters for Tenants
Maintenance disputes are common and expensive. A lease that improperly assigns landlord responsibilities to the tenant can leave you paying for repairs you legally shouldn't. Conversely, knowing your obligation to report issues promptly protects you from being blamed for damage that worsened because you didn't report it.
Risk Level
Maintenance clauses are medium risk — the law sets a floor of landlord obligations that can't be contracted away, but leases vary widely in what additional obligations they place on tenants. Clauses assigning all appliance repair costs to the tenant, for example, are worth scrutinizing.
Example Clause
Landlord shall maintain the structure, roof, and major systems (plumbing, heating, electrical) in good repair. Tenant shall maintain the premises in a clean and sanitary condition, promptly report any damage or defects to the Landlord in writing, and shall be responsible for minor repairs costing less than $100.
This is a representative example for educational purposes. Actual lease language varies.
Common Mistakes Tenants Make
- Not reporting maintenance issues in writing (verbal reports are hard to prove later)
- Assuming a tenant can be held responsible for repairs that are legally the landlord's obligation
- Delaying reporting an issue and then being blamed for the resulting damage
- Not understanding the difference between maintenance (keeping things working) and improvements (upgrades)
Provincial and State Variations
In all Canadian provinces and most US states, landlords have a statutory duty to maintain rental units in a good state of repair and fit for habitation. This duty cannot be waived by lease agreement. Province-specific rules govern specific systems (e.g., heating must be maintained to specific temperatures in Ontario from Sept 1 to June 15).