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 Virginia, the Virginia Residential Landlord and Tenant Act (VRLTA) outlines the responsibilities of landlords and tenants regarding the maintenance and repairs of a residential lease. Generally, landlords are required to keep the property in a habitable and safe condition. This includes complying with building and housing codes that affect health and safety, making necessary repairs, and keeping structural components and utilities in working order. If a tenant or their guests cause damage due to negligence or intentional conduct, the landlord can make the repairs and charge the tenant for the costs. Tenants are typically not allowed to make repairs themselves unless the lease agreement provides for it or in emergency situations to prevent further harm. Some landlords may permit a tenant to perform maintenance and repairs if they trust the tenant's abilities, but this is less common and should be clearly stated in the lease agreement. It's important for both landlords and tenants to review their lease documents to understand their specific rights and responsibilities regarding maintenance and repairs.