Maintenance Emergencies: What Landlords Are (and Aren’t) Responsible For

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As a landlord, maintenance issues come with the territory—but not every leaky faucet or blown fuse qualifies as an emergency. Knowing what truly counts as a maintenance emergency—and understanding your legal responsibilities—can save you time, money, and headaches.

Let’s break down what landlords must respond to right away, what can wait, and where tenants hold responsibility.

🚨 What Is a Maintenance Emergency?

An emergency is typically any situation that threatens tenant safety, causes major property damage, or renders the unit uninhabitable. According to most landlord-tenant laws, landlords are responsible for addressing these situations immediately:

1. No Heat (in cold weather) or No A/C (in extreme heat)

  • In many states, lack of heat during winter is a code violation.

  • In some regions, A/C issues during heatwaves may also be considered urgent.

2. Major Water Leaks or Flooding

  • Burst pipes, overflowing toilets, or broken water heaters can cause significant damage and must be addressed quickly.

3. Sewer Backups

  • Raw sewage is a health hazard. Immediate cleanup and repair are required.

4. Electrical Outages

  • If a tenant loses power due to faulty wiring or a failing system—not because of a utility issue—they may be at risk.

5. Gas Leaks or Carbon Monoxide

  • Tenants should immediately vacate the property and call emergency services.

  • Landlords must coordinate with licensed professionals for repairs ASAP.

6. Fire Damage

  • Even after the fire is put out, landlords must secure the unit, assess habitability, and begin repairs.

🧰 What’s Not an Emergency?

Here are examples of maintenance issues that require timely attention—but not at 2 a.m.:

  • Dripping faucets

  • Clogged sink drains (unless it’s the only sink in the home)

  • Running toilets

  • Pest issues (unless severe or involving dangerous pests like rats)

  • Appliance repairs (unless it involves a fire hazard or food spoilage risk)

  • Cosmetic damages (peeling paint, broken blinds, squeaky doors)

These should be handled promptly, but not all require same-day action.

🏠 What Tenants May Be Responsible For

Many lease agreements outline tenant responsibilities. These usually include:

  • Replacing light bulbs or batteries in smoke detectors

  • Keeping drains clear of hair and debris

  • Reporting maintenance issues in a timely manner

  • Maintaining cleanliness and preventing pest infestations

  • Minor damages caused by tenant misuse or negligence

Tenants can’t delay reporting a dripping water heater for weeks and then expect the landlord to cover all the resulting damage.

⚖️ Understanding Your Legal Duties

Landlords are legally required to maintain “habitability,” meaning:

  • Functioning plumbing, electricity, and heat

  • Safe structural elements (stairs, roofs, windows)

  • Working smoke detectors and carbon monoxide alarms

  • Pest-free environments (especially for infestations before a tenant moves in)

Failing to fix emergency issues may allow tenants to withhold rent, break the lease, or take legal action.

⏱️ Response Time Matters

Emergency repairs should be addressed within 24 hours. In some cases (like gas leaks or flooding), immediate action is non-negotiable.

Non-emergency maintenance generally falls within a 48-72 hour response window.

A solid communication plan and responsive repair network can make or break your landlord-tenant relationship.

🤝 Final Thoughts

Being a landlord means being proactive—and responsive. While tenants play a role in maintaining the home, the ultimate responsibility for emergency repairs falls on you.

If you’re managing properties on your own, make sure you have a 24/7 emergency protocol in place. If you work with a property management company, ensure they’re equipped to handle emergencies promptly and professionally.

Need help managing emergencies and maintenance?
Our team at High Tide Property Management handles tenant calls, 3 a.m. repairs, and everything in between—so you don’t have to.