การซ่อมแซมบ้านเช่าใครรับผิดชอบ? แบ่งหน้าที่ระหว่างเจ้าของบ้านและผู้เช่าให้ชัดเจนในครั้งเดียว

Who Pays for Repairs in a Rental? Drawing the Line Between Landlord and Tenant

A leaking pipe, an air conditioner that won't cool, an exhaust fan that won't spin, a dead light fixture.

The most common rental fights aren't about rent. They're about who has to fix the thing that broke.

The law actually sets out clear rules. Most people have just never read them.

The default: repairs are the landlord's responsibility

Article 429 of the Civil Code:

「Repairs to the leased property shall be borne by the lessor, unless otherwise stipulated in the contract or by custom. The lessee may not refuse acts necessary for the lessor to preserve the leased property.」

Remember two things:

• By default, the landlord pays, not the tenant
• But there is an exception: "unless otherwise stipulated in the contract or by custom." The lease can say otherwise

So "you have to fix this yourself" can be agreed on, but it has to be written into the lease. If it isn't, responsibility goes back to the landlord.

The second half matters too: when the landlord needs to do something necessary to preserve the property, the tenant may not refuse. If the landlord needs to come in to fix a leak, the tenant can't keep blocking it.

For landlords: 7 common problem fixtures, who is responsible, and how to prevent disputes

There is really only one rule landlords need for deciding repair responsibility: normal wear and tear is on the landlord; damage caused by the tenant is on the tenant.

First, the two key provisions. Article 429 of the Civil Code: Repairs to the leased property shall be borne by the lessor, unless otherwise stipulated in the contract or by custom. Article 432 of the Civil Code: The lessee shall keep the leased property with the care of a good administrator. A lessee who breaches this obligation and thereby causes damage to or loss of the property shall be liable for damages. This does not apply where alteration or damage results from use in the agreed manner or in the manner determined by the nature of the property.

In other words, landlords should expect this: when a fixture fails from normal aging, the landlord pays for the repair. But if the tenant's misuse caused it, the landlord can hold the tenant liable for damages under Article 432. The 7 fixtures below are the ones landlords most often argue about. For each, we cover when the landlord has to fix it, when the tenant can be asked to pay, and what the landlord can do in advance.

Water heater

• When the landlord has to fix it: The water heater is part of the property. If it fails from aging parts or under normal use (won't ignite, unstable water temperature, leaking), that's normal wear and tear, so the landlord pays (Civil Code Article 429).
• When the tenant can be asked to pay: If the tenant took it apart, ran their own gas line, or ignored the operating instructions and broke it, the tenant pays (Civil Code Article 432, for failing to exercise the care of a good administrator).
• What landlords can do in advance: Give the tenant the operating instructions at move-in and state in the lease that taking it apart or rerouting lines is not allowed. Photograph the water heater on move-in day so you can later tell aging from damage.
• Legal basis: Civil Code Articles 429 and 432.

Air conditioner

• When the landlord has to fix it: The unit breaks down, the compressor wears out, or refrigerant leaks naturally, so the landlord pays (Civil Code Article 429).
• When the tenant can be asked to pay: The filter was never cleaned and dust buildup caused a failure, or the tenant moved or modified the unit and damaged it, so the tenant pays (Civil Code Article 432). Cleaning the filter is routine upkeep that comes with everyday use. It is not a "repair."
• What landlords can do in advance: Put "the tenant cleans the filter regularly and may not move or modify the unit" in the lease, and keep photos of the air conditioner's condition at handover.
• Legal basis: Civil Code Articles 429 and 432.

Water leaks

• When the landlord has to fix it: Aging pipes inside the walls or a pipe that cracks on its own, meaning a leak in the building itself, so the landlord pays (Civil Code Article 429).
• When the tenant can be asked to pay: The tenant added their own plumbing, or a drain was clogged with foreign objects (anything other than toilet paper) and overflowed or leaked, so the tenant pays (Civil Code Article 432).
• What landlords can do in advance: When a leak is reported, first figure out whether it comes from the building's pipes or from the tenant's use, and keep photos and a record of how it was handled. Until responsibility is clear, preserve the evidence and don't rush to say "this is the tenant's fault."
• Legal basis: Civil Code Articles 429 and 432.

Appliances (refrigerator, washing machine)

• When the landlord has to fix it: If the refrigerator or washing machine was provided by the landlord and listed in the lease's inventory, and it breaks down under normal use, the landlord pays (Civil Code Article 429).
• When the tenant can be asked to pay: Appliances the tenant brought in were never the landlord's responsibility. If the tenant's misuse (overloading the washer, getting water into an appliance) caused the damage, the tenant pays (Civil Code Article 432).
• What landlords can do in advance: List every item in the lease's inventory and spell out in writing which ones the landlord provides and which the tenant brought.
• Legal basis: Civil Code Articles 429 and 432. Whether an item is on the lease inventory is where the landlord starts in deciding responsibility.

Door locks

• When the landlord has to fix it: The lock sticks with age, the cylinder fails, or the keyhole wears out, so the landlord pays (Civil Code Article 429).
• When the tenant can be asked to pay: The tenant lost the keys, changed the lock without telling the landlord, or forced the door and broke the lock, so the tenant pays (Civil Code Article 432).
• What landlords can do in advance: Put "the landlord must be notified before any lock is changed" in the lease, and record how many keys were handed over so the count matches at move-out.
• Legal basis: Civil Code Articles 429 and 432.

Range hood

• When the landlord has to fix it: The motor fails from normal aging, so the landlord pays (Civil Code Article 429).
• When the tenant can be asked to pay: Grease built up from never cleaning it and burned out the motor, or it was used in an abnormal way, so the tenant pays (Civil Code Article 432, for failing the duty of care).
• What landlords can do in advance: Photograph the grease filter and the unit at move-in, and state in the lease that routine cleaning is the tenant's job, so you have a basis for telling aging apart from neglect.
• Legal basis: Civil Code Articles 429 and 432.

Toilet

• When the landlord has to fix it: The toilet bowl cracks or internal parts wear out and leak, so the landlord pays (Civil Code Article 429).
• When the tenant can be asked to pay: Foreign objects (sanitary pads, diapers, food waste and the like) were flushed and caused a clog or damage, so the tenant pays (Civil Code Article 432).
• What landlords can do in advance: Remind tenants at move-in what can't go down the toilet. When a clog is reported, have the plumber note the cause in the repair record so responsibility is clear.
• Legal basis: Civil Code Articles 429 and 432.

The same order of questions for every fixture: Whatever the item, the order is the same. First check whether the lease says something different. If it doesn't, Civil Code Article 429 applies and the landlord pays. Only when the tenant's misuse damaged the property does it become the tenant's liability for damages under Article 432. And to claim misuse, the landlord needs evidence: a record of the condition at move-in, plus records of how repairs were handled.

What if the landlord won't make repairs? The tenant has three options

Article 430 of the Civil Code gives tenants a clear remedy:

「Where, during the subsistence of the lease, repairs become necessary and are to be borne by the lessor, the lessee may fix a reasonable period and demand that the lessor make the repairs. If the lessor fails to do so within that period, the lessee may terminate the contract, or make the repairs and claim reimbursement from the lessor or deduct the cost from the rent.」

The process is fixed:

• Demand repairs first, and "fix a reasonable period." You can't ask today and call a repair person tomorrow
• If the landlord doesn't repair within that period, the tenant can choose one of three options:
• Terminate the lease
• Make the repairs and ask the landlord for reimbursement
• Make the repairs and deduct the cost from the rent

The third option is the most practical, but only if the demand step was done first. Deducting from rent without a record of the demand can end up looking like unpaid rent.

⚠️ This is also why landlords should keep complete records of repair requests and their replies. In a dispute, what has to be shown is whether the repair was handled within a reasonable period.

Rental housing carries an additional requirement

Article 8 of the Rental Housing Market Development and Regulation Act goes into more detail for residential leases:

「The lessor shall deliver to the lessee rental housing fit for the agreed residential use, and shall maintain it in a condition fit for residential use throughout the lease term. Before signing the lease, the lessor shall explain to the lessee the items and scope of repairs for which the lessor is responsible, and shall provide contact details for when repairs are needed.」

There are two obligations here that landlords often miss:

• Before signing, explain which repairs the landlord is responsible for, and their scope
• Provide contact details for repair requests

The same article also restates the tenant's right to make repairs: if the landlord doesn't make repairs within the reasonable period set by the tenant, the tenant may make them and seek reimbursement or deduct the cost from the rent.

The last line matters just as much: the tenant may not refuse acts necessary for the landlord to make repairs.

What is the tenant responsible for?

Tenants are not off the hook. Article 432 of the Civil Code:

「The lessee shall keep the leased property with the care of a good administrator... A lessee who breaches this obligation and thereby causes damage to or loss of the property shall be liable for damages. This does not apply where alteration or damage results from use in the agreed manner or in the manner determined by the nature of the property.」

Broken down:

• The tenant has to look after the property with "the care of a good administrator"
• If they don't and damage results, they pay
• But changes or damage from normal use don't have to be paid for

That last exception is what draws the line in practice between normal wear and tear and damage.

Walls yellowing over time or a worn faucet washer come from normal use, so the landlord pays. Holes knocked in the wall or a broken window are the tenant's responsibility.

What about things the tenant installed? How is that handled at move-out?

Article 431 of the Civil Code covers this:

「Where the lessee has incurred beneficial expenditure on the leased property that increases its value, and the lessor, knowing of it, raised no objection, the lessor shall reimburse that expenditure on termination of the lease, limited to the increase in value then existing. The lessee may remove fixtures added to the leased property, but shall restore the property to its original condition.」

Two key points:

• Beneficial expenditure (spending that adds value to the property): if the landlord knew and didn't object, they reimburse it at move-out, but only up to the value increase that still exists
• Fixtures the tenant added: the tenant can take them out, but has to restore the property to its original condition

So if a tenant wants to install an air conditioner or build cabinets, it's best to get the landlord's written consent first and agree on what happens at move-out. Otherwise each side will read it their own way, and there will be a fight.

Practical advice for landlords

• Before signing, spell out the repairs the landlord is responsible for and their scope. This is a legal obligation under Article 8 of the Act
• Provide a fixed channel for repair requests instead of relying on someone's personal LINE
• For every repair request, keep a record of when it was received, when you replied and how it was resolved
• If you want certain items to be the tenant's responsibility, put it in the lease. Verbal agreements are hard to prove
• Take photos at handover so that at move-out you have a baseline for telling wear and tear from damage

Why repair records should be structured

The whole mechanism in Article 430 runs on timing: when the tenant made the demand, when the landlord acted, and whether the deadline was reasonable.

When LINE messages are your records, the timeline is scattered across chats and impossible to find when you actually need it.

HaoFuture App's repair process turns this into a structured record:

• A repair request from the tenant automatically creates a ticket with a timestamp
• Dispatch, progress and completion are all on the same ticket
• The landlord and tenant see the same record, so there's no he-said-she-said
• Past repairs can be looked up by property, so you can pull them up right away in a move-out dispute

You don't keep records to go to court. You keep them so most disputes never get that far.

How landlords can keep a record of repair responsibility with HaoFuture App

Repair disputes come down to not being able to say what condition things were in at the start. HaoFuture App covers the three things landlords care about most:

• Record the condition at signing: At signing, you can photograph the condition of the unit and its contents and turn it into a move-in inspection report, so you have photos to compare against when sorting out repair responsibility later.
• No more playing middleman on repairs: When a repair is dispatched, the repair vendor, the property manager and the tenant can talk directly in a group chat and confirm a time, so the manager doesn't have to relay messages back and forth.
• A complete repair history: Every repair record is kept, with photos saved before, during and after the work, so responsibility and costs are backed up.

Landlords, tenants and repair vendors work together in the same app, and the first 20 properties are free forever. To learn more, visit the HaoFuture App download page.

Disclaimer

This article is based on the laws in effect at the time of writing and is for general information only. It does not constitute formal legal advice and is not a substitute for a lawyer's assessment of your specific situation. Every case is different. For specific disputes, litigation or major transactions, please consult a licensed attorney.

Legal sources

• Civil Code Articles 429, 430, 431 and 432
• Rental Housing Market Development and Regulation Act, Article 8

Further reading

• What is the Legal Amount for a Landlord's Security Deposit? Three Regulatory Red Lines on Deposits, Early Termination, and Subleasing
• Is the e-lease contract legal? A complete guide for landlords on online signing after the 2024 amendment to the Electronic Signature Act