Who pays for repairs in a rented home, the landlord or the tenant?
Short answer
The landlord must carry out the necessary repairs that keep the property fit for use, including fixing any defect that affects its intended use (Article 419 of the Civil Transactions Law), unless the parties agree otherwise. Ejar’s unified residential lease also makes the landlord pay for periodic maintenance of the unit and for maintenance affecting building safety and the shared areas. The tenant pays to repair damage caused by his own misconduct or negligence (Article 430) and pays the electricity, water and gas bills, or a periodic amount for them, as agreed.
The landlord’s duties
The Civil Transactions Law (Royal Decree M/191 dated 29/11/1444H) requires the landlord to hand over the property fit for its full intended use and to let the tenant use it without obstruction until the lease ends (Article 416), and to make the necessary repairs (Article 419). The landlord answers for defects that prevent or reduce use, except those custom tolerates or the tenant knew about when signing (Article 425).
Under Ejar’s unified residential lease, the landlord pays for:
- Periodic maintenance needed to preserve the unit.
- Maintenance affecting the building’s safety, or problems whose cause was not visible to the tenant when renting.
- Repairing any fault that affects the intended use.
- Keeping the shared areas clean and usable.
What falls on the tenant
The tenant must look after the property as an ordinary careful person, compensate damage caused by his misconduct or negligence (Article 430), maintain it as custom requires unless agreed otherwise (Article 433), and return it in the condition received, apart from normal wear (Article 435). Under the unified lease he may not alter the unit without the written approval of the landlord or his agent.
If the landlord does not carry out repairs
If the landlord delays after formal notice, the tenant may ask the court for permission to do the repairs and then recover the customary cost. If the repair is urgent or minor by custom, he may do it without permission and deduct the customary cost from the rent. In both cases he must give the landlord an account of the work (Article 419).
Under the Ejar unified residential lease (clause 6/2), if the landlord does not carry out required maintenance within five working days, the tenant may apply to Ejar with a technical report from an accredited valuer proving the need, then make the necessary repairs at the landlord’s expense and recover the cost according to the report.
He also keeps the right to ask for termination or a rent reduction (Article 419), and if a defect deprives him of use wholly or partly, he may seek either one plus compensation (Article 426). These claims go to the General Court through Najiz.
Can the parties agree on a different split?
Yes. The law allows the parties to agree otherwise on the repair rules in Article 419 and the tenant’s maintenance in Article 433, but a clause that removes or limits the landlord’s liability for defects is void if he deliberately concealed the cause (Article 427). These rules apply throughout the Kingdom.
Follow-up questions
Who pays to repair damage caused by the tenant?
The tenant, because he is liable for damage caused by his misconduct or negligence, and the unified lease allows the repair cost to be deducted from the security deposit. Ejar’s receipt and handover form records the unit’s condition; it must be filled in within 7 days, otherwise the unit is treated as accepted in good condition.
Can a tenant stop the landlord from doing repairs during the lease?
Not necessary repairs to preserve the property, if the landlord gave reasonable notice before starting; if the work disrupts the tenant’s use, he may ask for termination or a rent reduction (Article 434). The unified lease requires the tenant to allow urgent repairs once the landlord provides a report from the competent authorities showing they are needed.
Who maintains the shared areas of an apartment building?
Under the unified lease, the landlord maintains them and the tenant must take care of them and use them properly. The lease may also set a periodic “maintenance fee” for shared maintenance, if there is any.
Official sources
- Civil Transactions Law (Royal Decree M/191) — Bureau of Experts at the Council of Ministers
- Ejar residential lease: lessor and tenant obligations — Ejar
- Frequently asked questions — Ejar
- Receipt and handover service — Ejar
General information for guidance, not legal advice; the governing regulations and official bodies are the final reference.
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