Who pays for painting a rented house in India?

External painting and structural whitewashing are the landlord's responsibility. Internal repainting between tenancies is typically covered by the landlord unless the lease agreement specifies a fixed move-out repainting fee for tenant-caused damage.

Can a tenant deduct repair costs from rent in India?

Under the Model Tenancy Act 2021, if a landlord fails to carry out major repairs within 30 days of written notice, the tenant can carry out the repair and deduct up to 50% of one month's rent from subsequent payments.

What is considered normal wear and tear in an Indian rental property?

Fading paint, minor carpet/floor scuffs, aging plumbing fixtures, and general deterioration from normal daily living are normal wear and tear and cannot be deducted from a security deposit.

Can a tenant stop paying rent if the landlord refuses to fix a leak?

No. Withholding rent is illegal self-help and puts the tenant in default. Tenants should give written notice and follow legal deduction mechanisms or approach the Rent Authority.

Landlord vs Tenant Maintenance Responsibilities in India

The short answer

Under Indian rental law and the Model Tenancy Act, major structural repairs (such as roof leaks, external wall painting, structural plumbing, and electrical wiring replacement) are the landlord's responsibility, while minor day-to-day repairs (such as replacing light bulbs, tap washers, cleaning drains, and fixing minor lock issues) fall on the tenant. If a landlord fails to execute essential structural repairs after 30 days of written notice, the tenant may deduct the repair cost—up to 50% of one month's rent—or adjust it from future rent payments.

Major vs minor repairs: Who pays for what?

In Indian tenancies, maintenance responsibilities are divided based on whether a defect affects the structural integrity of the property or arises from routine daily usage:

Landlord responsibilities (Major & Structural): Roof leaks, wall seepage, main plumbing pipe bursts, electrical distribution board repairs, lift/society maintenance charges, external painting, and structural damage caused by natural events.

Tenant responsibilities (Minor & Wear): Faucet/tap washer replacements, light bulb and tube replacements, clearing internal drain clogs, minor door lock adjustments, routine servicing of tenant-owned appliances, and damage caused by tenant negligence.

Shared or Negotiable items: Internal wall repainting, water tank cleaning, and AC servicing are typically negotiated and detailed explicitly in the tenancy agreement.

What the Model Tenancy Act 2021 says about maintenance

The Model Tenancy Act (MTA) 2021 introduces a formal framework under Schedule II that standardises repair obligations across adopting Indian states:

Mandatory Schedule II splitting: Landlords must handle structural repairs, external whitewashing, and main water supply maintenance. Tenants must handle internal socket replacements, minor plumbing fixes, and maintenance of fixtures.

The 30-day repair rule: If a landlord neglects necessary structural repairs, the tenant can issue a 30-day written notice. If ignored, the tenant can execute the repair and deduct the cost—capped at 50% of one month's rent—from future rent.

Tenant default on repairs: If a tenant damages property or refuses to fix minor issues, the landlord can deduct the repair expense directly from the security deposit upon move-out. For deposit deduction rules, see security deposit rules in India.

Security deposit deductions vs normal wear and tear

A frequent point of friction between Indian landlords and tenants is distinguishing between legitimate damage and normal wear and tear. Courts and Rent Authorities treat gradual fading of wall paint, minor floor scuffs after a multi-year tenancy, or age-related plumbing degradation as normal wear and tear, which cannot be deducted from a security deposit. Conversely, broken window panes, deep wall gouges, missing fixtures, or uncleaned tenant-caused stains are valid deductions. For a complete breakdown of deposit laws, read our guide on security deposit rules in India.

Can a tenant withhold rent over pending repairs?

No. Under Indian law, a tenant cannot unilaterally stop paying rent due to unresolved maintenance issues. Withholding rent places the tenant in arrears and opens them up to eviction proceedings (see tenant not paying rent in India). Instead, the correct legal remedy is to issue a formal written demand giving the landlord a reasonable window (usually 15 to 30 days) to rectify the defect, or file a complaint with the local Rent Authority under the state's Model Tenancy Act.

The 4 maintenance clauses every Indian rental agreement needs

To avoid disputes during or at the end of a tenancy, ensure your rental agreement contains these four explicit terms:

A clear monetary threshold for minor repairs (e.g., "All repairs costing under ₹1,000 shall be borne by the tenant; repairs above ₹1,000 require landlord approval and funding").

A pre-move-in condition checklist signed by both parties, ideally accompanied by high-resolution photographs of walls, plumbing, and electrical fixtures.

An inspection right clause permitting the landlord to inspect the property with 24 hours' advance written notice.

A defined move-out painting policy specifying whether the tenant must pay for repainting or if a fixed deduction applies.

How TenantsFlo helps

TenantsFlo allows landlords and property managers to log maintenance requests directly against tenant profiles, upload vendor repair invoices, and automatically calculate repair deductions during the move-out settlement. Keep your maintenance paper trail clean, transparent, and dispute-proof. Try TenantsFlo free.