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 North Dakota, the law generally places the responsibility for maintenance and repairs necessary to keep a rental property habitable and safe on the landlord. This is in line with the implied warranty of habitability, which requires landlords to maintain their properties in a condition fit for tenants to live safely and comfortably. If damages are caused by the tenant's negligence or intentional actions, or those of their guests, the landlord retains the right to repair the damage and bill the tenant for the costs. Tenants are typically not allowed to make repairs themselves unless the lease agreement specifically permits it or in emergency situations where immediate action is necessary to prevent harm to the property or its occupants. Some leases may allow a tenant to perform maintenance or repairs if the landlord trusts the tenant's ability to do so properly. It is important for both landlords and tenants to review their lease agreements to understand the specific terms regarding maintenance and repairs.