In a residential lease, the maintenance and repairs necessary to keep the leased premises in a livable (habitable) and safe condition are generally the responsibility of the landlord—unless damages are caused by the negligence or intentional conduct of the tenant or the tenant’s guests. In that case the landlord will likely maintain the right to make the repairs and charge the tenant for the repairs, and not allow the tenant or the tenant’s contractors to make the repairs.

The written lease agreement should address the responsibility for maintenance and repairs and will often prohibit or limit the tenant’s ability to do any maintenance or make any repairs—at least without the written permission of the landlord. One exception may be the tenant’s right to make repairs in an emergency situation to prevent harm to the property or its occupants.

In some limited circumstances a landlord may allow the tenant to maintain and make repairs to the leased premises when the landlord is confident in the tenant's ability to properly maintain the property and make the necessary repairs.

In California, the law requires landlords to maintain residential rental properties in a condition that is habitable and safe under the California Civil Code Section 1941. This includes performing necessary repairs to vital facilities such as plumbing, heating, and electrical systems. The landlord cannot transfer this responsibility to the tenant. However, if the tenant or their guests cause damage due to negligence or intentional acts, the landlord can repair the damage and bill the tenant for the costs. Tenants are generally not permitted to make repairs or alterations without the landlord's written consent, as outlined in the lease agreement. There are exceptions for emergency repairs that a tenant may undertake to prevent immediate harm to the property or its occupants, as provided under California Civil Code Section 1942. In rare cases, a landlord may agree to allow a tenant to perform maintenance or repairs, but this is typically documented in the lease and contingent upon the landlord's confidence in the tenant's abilities.