You've asked three times. Once on the call, once on WhatsApp, once in person. The leaking pipe is still leaking. The geyser is still broken. The landlord is still "looking into it."
This is the guide for after the asking-nicely phase is over.
What Repairs Is a Landlord Legally Obligated to Fix in India
Indian tenancy law is not uniform — different states have different Rent Control Acts, and tenancy law reform is ongoing under the Model Tenancy Act 2021 (which states are adopting at varying rates). But across these frameworks, a consistent principle emerges: the landlord is responsible for maintaining the property in a habitable and functional condition.
Specific obligations that appear across most state rent control legislation and the Model Tenancy Act include:
- Structural integrity — walls, roof, foundation, floors, external staircases
- Essential services — water supply infrastructure, electrical wiring and connections, sanitation and drainage
- Fixtures and fittings that were present at the time of renting — if the geyser was part of the let, it's the landlord's obligation to keep it functional
- Common area maintenance in the building, if the landlord is responsible for the building
The Model Tenancy Act 2021 is particularly explicit: landlords must maintain the premises in good and tenantable repair and are responsible for structural repairs, whitewashing of walls and painting of doors and windows, repairs to internal and external plumbing, and maintenance of electrical wiring. Tenants are responsible for minor repairs — a leaking tap washer, a fused bulb, small things.
The line: if it's structural, safety-related, or a major fixture that came with the property, it's the landlord's responsibility. If it's wear-and-tear at the minor maintenance level, it's yours.
The Difference Between Structural Repairs, Appliance Repairs, and Cosmetic Fixes
Classifying your repair correctly matters — both for your legal standing and for how you frame requests.
Structural repairs — the landlord's obligation, no ambiguity:
- Leaking roof or water seepage through walls
- Cracked or unstable flooring
- Broken doors or windows that compromise security or weather protection
- Plumbing failures (not a tap washer — an actual pipe or drain failure)
- Electrical wiring faults
Major appliance and fixture repairs — landlord's obligation if the item was part of the let:
- AC breakdown (if AC was listed in the furnishing)
- Geyser failure
- Washing machine breakdown (if provided)
- Water pump or motor failure
- Lift (if building maintenance is the landlord's responsibility)
Minor maintenance — typically the tenant's responsibility:
- Replacing bulbs and tube lights
- Tightening loose screws and handles
- Minor tap leaks (washer replacement)
- Drain cleaning (unless there's a structural blockage)
- Pest control (ongoing, not infestation)
Cosmetic issues — no legal obligation on either party during tenancy:
- Faded paint
- Minor scratches on surfaces
- Normal ageing of fixtures
Know which category your repair falls into before you escalate. Calling a structural repair a "cosmetic issue" in your notice weakens your case. Calling a cosmetic issue a structural repair damages your credibility.
How to Document Repair Requests Properly from Day One
Documentation is what turns a dispute into a case. The goal is a paper trail that shows: what was reported, when, in what medium, and what the landlord's response was (or wasn't).
The right way to document:
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First request: WhatsApp or messaging app (never just a phone call). Text creates a record; calls don't. Your message should state:
- The specific problem ("the water heater in the master bathroom stopped working on [date]")
- That you are formally requesting repair
- A reasonable timeline ("please arrange repair within 7 days")
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Photograph and video the issue on the same day, with your phone's automatic date-stamp enabled. Store these in a folder labelled with the flat address and date.
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If no response in 7 days: follow up in writing, referencing your first message by date. "I am following up on my message of [date] regarding [issue]. The problem remains unresolved."
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Save every response — including non-responses. A screenshot of a conversation where the landlord said "will check" two weeks ago and has said nothing since is documentation of avoidance.
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Send a formal written notice (email to a known address, or registered post to their address) once WhatsApp follow-ups are being ignored. This creates a legal-grade timestamp.
The reason this matters: if you later need to approach a consumer forum, a rent authority, or even just make a case for rent deduction, you need to show that you gave the landlord reasonable notice and opportunity to act. Without documentation, it's your word against theirs.
Escalation Ladder: WhatsApp → Written Notice → Legal Notice → Rent Authority
Use each step in sequence. Each step is more serious and more formal than the last.
Step 1: WhatsApp / messaging (Days 1–7) State the problem clearly, request repair, give 7 days. Most landlords who are merely slow (vs deliberately negligent) respond here.
Step 2: Formal written notice (Days 7–14) Email or registered letter. Cite your rental agreement, note that the landlord is responsible for the repair under the agreement and applicable tenancy law, and state that failure to act within 14 days will compel you to pursue legal remedies. This escalation usually triggers action from landlords who were avoiding the conversation.
Step 3: Legal notice from an advocate (Day 14–21) A legal notice from a lawyer costs ₹1,000–₹5,000 depending on your city and the advocate. It carries a different weight than a tenant's letter — landlords understand it as the step before formal proceedings. Most repair disputes end here or before. The legal notice should cite the specific provision of your state's Rent Control Act or the Model Tenancy Act (if adopted in your state) and demand repair within a specific timeframe.
Step 4: Rent Authority / Consumer Forum If the legal notice produces nothing:
- Rent Authority / Rent Controller: Most cities with a Rent Control Act have a designated rent authority where tenants can file complaints. Filing is relatively simple, low-cost, and the authority has powers to direct landlords to carry out repairs.
- Consumer Forum / DCDRC: If the landlord is providing accommodation as a commercial service, the District Consumer Disputes Redressal Commission can hear complaints of deficiency in service. Increasingly used for landlord disputes.
- Civil court: For persistent, serious cases — usually the last resort, slower, but the avenue for damages.
Can You Legally Deduct Repair Cost from Rent in India?
This is one of the most asked questions in tenant law, and the honest answer is: yes, but with significant caveats and procedure.
Under most Indian tenancy frameworks, a tenant can carry out repairs that are the landlord's responsibility and deduct the cost from rent — but only if:
- You gave the landlord reasonable written notice and a reasonable opportunity to repair
- The landlord failed to act within that period
- You kept receipts and documentation of the actual repair cost
- You informed the landlord in writing that you were deducting the repair cost from rent, with documentation attached
Doing this correctly — with the paper trail — gives you a defensible position if the landlord disputes the deduction. Doing it without documentation (just silently paying less) is legally precarious and gives the landlord grounds to claim arrears.
Important limitation: this mechanism is most defensible for essential repairs that you documented correctly. Unilaterally deducting costs for disputed or cosmetic items is a different matter. Use this only for clear landlord-obligation repairs with a complete paper trail.
What to Do If the Repair Is a Safety Hazard
If the unresolved repair is a genuine safety hazard — exposed electrical wiring, structural damage, broken gas line, sewage backup — the escalation is faster and more urgent.
Step 1: Document with photos immediately.
Step 2: Send the landlord a message explicitly labelling it a safety hazard and requesting same-day or next-day action. Use the word "hazard." Use the word "urgent." Be unambiguous.
Step 3: If the landlord does not respond within 24 hours to a genuine hazard, you have additional options:
- Municipal Corporation / local body: File a complaint with your municipal corporation about a hazardous property condition. Most cities have online portals for this. A civic complaint creates an external record and can result in a notice to the landlord from the municipal authority — which carries different weight than a tenant's request.
- Fire department: For fire safety hazards specifically, a complaint to the local fire department is appropriate.
- Police complaint: In cases where a landlord is knowingly allowing a dangerous condition that risks your life — and is unresponsive to all contact — a complaint to the local police about criminal negligence is a legitimate option, rarely needed but available.
You are entitled to a safe home. A landlord's silence on a safety hazard is not a grey area.
How to Handle a Landlord Who Promises but Never Delivers
The most common type of repair problem isn't outright refusal — it's the landlord who says "I'll send someone this week" every week for three months.
This is a deliberate or negligent pattern, and it needs to be interrupted with documentation.
Stop accepting verbal promises. Every time a landlord gives a promise verbally, follow it immediately with a WhatsApp message: "Just confirming our conversation — you mentioned the AC technician will come by Thursday. Please confirm." Now the promise is in writing and tied to a date.
Start counting from the first written request, not the first verbal conversation. Your formal escalation timeline begins from the date of your first written notice, which should have been sent when the verbal promises stopped producing action.
Set a clear final deadline in writing. "If this is not repaired by [specific date], I will proceed with the escalation steps outlined in my previous notice." Vague timelines enable indefinite delay.
Clauses to Add at Signing That Prevent This Situation Entirely
Prevention is cheaper than escalation. These three clauses, negotiated into the agreement before you sign, remove most repair disputes before they happen:
Clause 1 — Repair responsibility and timeline: "The Landlord shall be responsible for all structural repairs, maintenance of major appliances (as listed in Schedule A), and essential services. Upon written notice from the Tenant, the Landlord shall complete or commission such repairs within 14 days. If the Landlord fails to do so within this period, the Tenant may arrange the repair independently and deduct the cost from rent, with supporting documentation."
Clause 2 — Pre-existing conditions: "Both parties acknowledge that the condition of the property at the time of occupation is as documented in the move-in inspection report (attached as Schedule B). The Landlord is responsible for rectifying any defects identified in Schedule B within 30 days of the commencement of the tenancy."
Clause 3 — Safety defects: "Any defect that poses a safety hazard — including but not limited to electrical faults, structural damage, gas leaks, or plumbing failures — shall be addressed by the Landlord within 48 hours of written notice. Failure to do so entitles the Tenant to engage emergency repair services and deduct costs from rent."
These three clauses — repair timeline, move-in condition record, and safety urgency — cover the majority of disputes that arise in practice. Most landlords will agree to them if asked calmly at signing. A landlord who refuses to agree to a 14-day repair timeline is telling you something worth knowing before you sign.
Finally: the best time to vet a landlord's repair responsiveness is before you move in. On platforms like RentMyBase (rentmybase.in), community reviews of specific landlords and buildings often surface exactly this — whether previous tenants found the landlord responsive to maintenance requests, or whether they spent six months chasing a broken geyser. That information, available before you sign, is worth more than any clause you can add after.
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