Who is responsible for paying the cost of regular maintenance – the lessor or the lessee?

For example if the garbage disposal in the sink was working fine at the time of rental but now is clogged (house is about 5 years old). And minor plumbing problems like leaks, etc.

Asked on December 9, 2011 under Real Estate Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The costs for maintenance of a rental between the landlord or the tenant is typically set forth in the written and signed lease agreement for the given rental. As such, I suggest that you carefully read your rental agreement in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.

If the lease designates who is responsible for the unit's maintenance, the designation controls. If the lease is silent as to whose responsibilty, then custom and practice in the rental industry is that it is the landlord's responsibility since the landlord owns the property.



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