Habitability issues
Landlord's Duty
Source: NYC HPDRepair Rights Guide
Reviewed by LeaseSnap Editorial TeamLast updated March 13, 2026NYC and New York State tenant guidance
Can a Landlord Make Me Pay for Repairs in NYC?
In NYC, landlords are generally responsible for structural repairs and essential services such as heat, water, and electricity. Tenants may still be charged when damage is tied to their own misuse, negligence, or a specific factual dispute about who caused the problem.
NYC landlords often use lease riders to shift repair costs onto tenants, asking them to pay the first $100 of any fix or handle extermination themselves. Many of these clauses are unenforceable because they conflict with the 'Warranty of Habitability.' This guide helps you separate your duty to keep the unit clean from the landlord's duty to keep it functional.
How this guide is sourced
LeaseSnap guides are reviewed against official city and state housing sources, then translated into plain English for NYC renters.
Browse the official NYC source libraryExtermination
Landlord's Duty
Source: NYC Health CodeTenant responsibility
Negligence Only
Source: NY Attorney GeneralWhat repairs are usually the landlord's job?
- 1
Plumbing, leaks, and water damage (unless you clogged the pipe with debris).
- 2
Heating and hot water systems during 'Heat Season' months.
- 3
Electrical wiring and faulty outlets provided with the unit.
- 4
Appliances included in the lease (stove, refrigerator, dishwasher).
- 5
Mold, pests, and lead-paint hazards (mandatory remediation for landlords).
Important limitations
This guide is informational and not legal advice. If you cause significant damage to the property, the landlord can charge you for the repair or deduct it from your security deposit.
- LeaseSnap cannot force a landlord to make a repair or prove who caused damage.
- If you 'self-repair' and deduct from rent, you risk eviction without proper legal advice.
- Vandalism or extreme tenant misuse can lead to legal charges from the landlord.
Who pays for the fix?
| Issue | Landlord Pays | Tenant Pays |
|---|---|---|
| Burst pipe (old plumbing) | Yes | No |
| Clogged toilet (tenant debris) | No | Yes |
| Broken stove (old age) | Yes | No |
| Broken window (tenant accident) | No | Yes |
| Bed bugs or roaches | Yes | No |
The 'Warranty of Habitability' is non-negotiable
In New York, every residential lease has an implied Warranty of Habitability. That means a landlord cannot simply rewrite core habitability duties through a rider.
If a lease tries to shift essential building or structural repairs to the tenant, treat that as a clause that needs closer legal review rather than assuming the wording controls.
Extermination: A landlord's health duty
NYC law puts major pest-control responsibility on landlords and building owners. A lease that casually shifts routine extermination costs to the tenant deserves scrutiny.
If your landlord tries to charge you for pest control, they are violating NYC health and housing codes. Tenants are only responsible for keeping the apartment in a clean, sanitary condition that doesn't attract pests.
LeaseSnap detects risky repair waivers
We analyze your 'maintenance' and 'repairs' clauses to see if the landlord is attempting to shift their legal burden. We flag 'deductible' clauses and 'as-is' language that might hide existing habitability issues.
That gives renters a cleaner starting point for documenting the issue and deciding whether they need 311, HPD, or legal help.
Frequently asked questions
Can my landlord charge me for a clogged toilet?
Only if they can prove you or your guests caused the clog through misuse. If it's a structural or old-pipe issue, they must pay.
Who is responsible for broken appliances?
If the appliance was included with the apartment at move-in, the landlord is responsible for keeping it in working order unless you broke it through negligence.
Can I deduct repair costs from my rent?
This is a high-risk strategy called 'Repair and Deduct.' You should only do this under the guidance of an attorney to avoid eviction for non-payment.
My lease says 'tenant pays all repairs.' Is that legal?
Treat that clause as highly suspicious. Broad language that makes the tenant pay for every repair can conflict with the landlord's habitability duties.
What if the landlord ignores my repair request?
Contact 311 to request an HPD inspection. An official violation is the strongest evidence to force a landlord to act in housing court.
Related LeaseSnap guides
Use this guide, then analyze your lease
The fastest way to move from general tenant guidance to your actual situation is to review your lease directly. LeaseSnap connects clause-level review to the NYC topics covered on this page.