Habitability & Repair Laws by State (2026)
About this article
Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
Compare by state
Statute citations are verified per state. Select a state to jump to its full section below.
| Primary statute | Repair rules | |
|---|---|---|
| Alabama | Ala. Code § 35-9A-204 — Landlord Obligations | See details |
| Alaska | Alaska Landlord Obligations — Alaska Stat. § 34.03.100 | See details |
| Arizona | A.R.S. § 33-1324 | See details |
| Arkansas | Arkansas Residential Landlord-Tenant Act, Ark. Code § 18-17-901 et seq. | See details |
| California | Cal. Civ. Code § 1942.4 | California's § 1942.4 bars a landlord from collecting rent 35 days after code enforcement serves a violation notice — plus $100–$5,000 in statutory damages and mandatory attorney's fees. |
| Colorado | C.R.S. § 38-12-503 | See details |
| Connecticut | CGS § 47a-7 — Landlord obligations (habitability) | See details |
| Delaware | Delaware Landlord Habitability Duty, 25 Del. C. § 5305 | See details |
| District of Columbia | D.C. Rental Housing Act, D.C. Code § 42-3501.01 et seq. | See details |
| Florida | Fla. Stat. § 83.51 + § 83.60(1)(b) | Florida turns material noncompliance into an eviction defense under § 83.60(1)(b) — but only if you delivered the 7-day notice first AND deposit rent into the court registry on time. |
| Hawaii | Hawaii Landlord Obligations — HRS § 521-42 | See details |
| Idaho | Idaho Code § 6-320 — landlord duties to maintain rental premises | See details |
| Illinois | Chicago RLTO § 5-12-110 (Chicago); Jack Spring, Inc. v. Little, 50 Ill. 2d 351 (1972) (statewide common law) | Chicago's essential-services clock is measured in <em>hours</em>, not days — 24 to withhold, 72 to terminate. Outside Chicago, habitability is a <em>Jack Spring</em> defense, not a self-help statute. |
| Indiana | Indiana Code § 32-31-8-5 — landlord habitability and maintenance obligations | See details |
| Iowa | Iowa Code § 562A.15 — Landlord Duties to Maintain Premises | See details |
| Kansas | K.S.A. § 58-2553 — Landlord Obligations (Habitability) | See details |
| Kentucky | KRS § 383.595 — Landlord Obligations | See details |
| Louisiana | Louisiana Civil Code Art. 2692–2696 — Landlord Maintenance Obligations | See details |
| Maine | 14 M.R.S.A. § 6021 — warranty of habitability | See details |
| Maryland | Maryland Rent Escrow, MD Code, Real Property § 8-211 | See details |
| Massachusetts | Mass. Gen. Laws ch. 239, § 8A | Massachusetts' State Sanitary Code is a non-waivable warranty of habitability — tenants can withhold rent for violations and raise it as a complete defense to eviction. |
| Michigan | MCL § 554.139 (lessor's covenants — fit for use + reasonable repair) | Michigan landlords must attest to code compliance to file an eviction (MCR 4.201(B)(3)(c)) — and courts must abate rent per-day for any breach of MCL § 554.139 (MCL § 600.5741). |
| Minnesota | Minn. Stat. § 504B.161 | See details |
| Mississippi | Miss. Code Ann. § 89-8-23 — landlord habitability obligations (where applicable) | See details |
| Missouri | RSMo § 441.234 | Missouri's implied warranty of habitability comes from King v. Moorehead and Detling v. Edelbrock, and RSMo § 441.234 gives tenants the right to deposit rent into court escrow after 14 days of unfixed defects. The landlord must repair or lose access to the escrowed funds. |
| Montana | Mont. Code Ann. § 70-24-303 — landlord duty to maintain habitable premises | See details |
| Nebraska | Neb. Rev. Stat. § 76-1419 — Landlord Obligations (Habitability) | See details |
| Nevada | NRS 118A.290 — Landlord Duty to Maintain Habitable Premises | See details |
| New Hampshire | RSA 540-A:2 — landlord duties for habitability | See details |
| New Jersey | Marini v. Ireland, 56 N.J. 130 (1970) | New Jersey's implied warranty is case-law-driven — rent withholding requires court escrow (Berzito), and BHI only covers 3+ unit buildings. |
| New Mexico | NMSA § 47-8-20 — landlord obligations to maintain habitable premises | See details |
| New York | N.Y. Real Prop. Law § 235-b + NYC Civil Court Act § 110(c) | New York's § 235-b warranty is non-waivable — and the NYC HP proceeding forces court-ordered repairs with daily civil penalties, backed by free Right to Counsel representation for low-income tenants. |
| North Carolina | N.C. Gen. Stat. § 42-42 | See details |
| North Dakota | N.D. Cent. Code § 47-16-13.1 — Landlord Obligations (Habitability) | See details |
| Ohio | Ohio Rev. Code § 5321.04 | Ohio habitability duties are <em>non-waivable</em>, but there is no statutory repair-and-deduct — self-help withholding puts you in default. Your only legal paths are § 5321.07 rent escrow, court order, or termination. |
| Oklahoma | Oklahoma Residential Landlord and Tenant Act — Landlord Obligations, 41 Okl. St. § 118 | See details |
| Oregon | ORS § 90.320 | See details |
| Pennsylvania | Pugh v. Holmes, 486 Pa. 272, 405 A.2d 897 (1979) | Pennsylvania has no habitability statute — your leverage is <em>Pugh v. Holmes</em>, § 1700-1 escrow after code certification, and in Philadelphia the license knockout that blocks rent collection outright. |
| Rhode Island | R.I. Gen. Laws § 34-18-22 — landlord's duty to maintain fit premises | See details |
| South Carolina | S.C. Code § 27-40-440 — Landlord Obligations | See details |
| South Dakota | SDCL § 43-32 — Landlord-Tenant (Habitability) | See details |
| Tennessee | TCA § 66-28-304 — Landlord Obligations | See details |
| Texas | Tex. Prop. Code § 92.0563 | Texas tenants who send certified-mail notice and stay current on rent can recover one month's rent + $500 + repair order + attorney fees in a JP Repair-and-Remedy suit heard within 10–21 days. |
| Utah | Utah Fit Premises — Landlord Obligations — Utah Code § 57-22-3 | See details |
| Vermont | 9 V.S.A. § 4457 — Vermont landlord habitability obligations | See details |
| Virginia | Va. Code § 55.1-1244 (Tenant's Assertion + rent escrow — 15-day hearing) | Virginia's Tenant's Assertion gets you into court within 15 days of service — but you must pay rent into the court within 5 days of each due date or the case is dismissed. |
| Washington | RCW 59.18.060 | Washington lets tenants repair-and-deduct up to 2 months' rent per 12-month period, withhold rent, or terminate the lease when landlords fail to maintain habitable conditions. |
| West Virginia | W. Va. Code § 37-6-30 — Landlord obligations | See details |
| Wisconsin | Wis. Stat. § 704.07 — Landlord Repair Obligations and Repair-and-Deduct | See details |
| Wyoming | Wyo. Stat. § 34-2-128 et seq. — landlord and tenant obligations | See details |
What is this right?
The implied warranty of habitability is the rule that says a landlord can't rent you a place that isn't fit to live in. It came out of Javins v. First National Realty Corp. in 1970 — a landmark D.C. Circuit case that pulled landlord-tenant law out of medieval property doctrine and applied modern contract principles to rentals. Most states have followed it through case law or statute since.
What habitability covers in practice: working plumbing, working heat in cold months, working electricity, structurally sound walls and floors, and freedom from serious health hazards — mold, pest infestations, lead paint, sewage backups, gas leaks. Your landlord has to fix problems in this category within a reasonable time after you put the request in writing — usually 24–72 hours for emergencies like no heat in winter or no water, and 14–30 days for serious-but-non-emergency repairs.
One of the most important things to know: this warranty cannot be waived in nearly any state. An "as-is" clause or any rider trying to push repair duties onto the tenant is void as against public policy.
When does it apply?
This right applies when:
- Your rental unit has conditions that threaten your health or safety
- Utilities (heat, water, electricity) are not functioning
- There are structural problems (leaking roof, broken windows, faulty wiring)
- There are pest infestations, mold, lead paint hazards, or other environmental dangers
Common misconceptions:
- "My lease says the landlord isn't responsible for repairs" — In most states, a landlord cannot waive the implied warranty of habitability in a lease. Such clauses are unenforceable.
- "Minor problems mean I can withhold rent" — Habitability issues must be serious. A dripping faucet or cosmetic damage usually doesn't qualify. Major problems like no heat, sewage backup, or dangerous wiring do.
- "If I caused the problem, the landlord doesn't have to fix it" — Correct. The warranty covers landlord responsibilities, not tenant-caused damage.
What to Do If Your Rental Unit Is Unsafe or Unlivable
Step 1: Put the request in writing. Email and certified mail both. Describe the problem, attach photos, give a specific date by which you expect it fixed. The clock that matters in court starts the day you send the written notice.
Step 2: Call code enforcement if nothing happens. Your local building inspector or health department can inspect the unit, issue formal violations, and impose fines until the landlord complies. Inspector reports are strong evidence at trial.
Step 3: Use repair-and-deduct if your state allows it. Most states do, but each has specific notice requirements and dollar caps (usually one month's rent). Skipping the notice step voids the deduction and exposes you to a nonpayment eviction.
Step 4: For severe defects, consider constructive eviction. If the unit truly isn't habitable — sewage backups that can't be cleared, structural collapse, no functional heat in January — you may be able to leave without lease penalty. Talk to a tenant attorney before exercising this remedy.
Step 5: Document everything as you go. Photos, videos, written complaints, dated landlord responses, inspector reports. The case is in the file.
What should you NOT do?
Don't just stop paying rent. Withholding without following your state's escrow or repair-and-deduct procedure hands the landlord a clean nonpayment case. Use the legal channel, not silent protest.
Don't hire the contractor before you give written notice. Repair-and-deduct only works if you went through the statutory steps in order — notice first, waiting period, then repair.
Don't vacate without paper. If you walk because of conditions, photograph everything on the way out and keep every text and email. You'll need them to defend against the landlord's lease-break claim.
Don't ignore lead paint. If you have children under 6 in pre-1978 housing and suspect peeling lead paint, call your local health department immediately. Lead exposure in young children is a medical emergency.
Worked example
ScenarioCode enforcement cites your California landlord for a broken heater and serious mold, but 40 days later nothing has been fixed and the landlord still demands full rent.
OutcomeUnder California Civil Code §1942.4, a landlord cannot collect rent once a code-enforcement violation notice has gone unaddressed for 35 days. The tenant may also recover statutory damages of $100 to $5,000 plus mandatory attorney's fees.
Legal values (35-day bar on rent collection, $100–$5,000 statutory damages under §1942.4) are from the California habitability variation. Confirm the citation date in the California section below.
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See all 13 letter types →Common Questions
What does the warranty of habitability require?
In nearly every state, landlords must keep a rental safe and livable — working heat, water, and plumbing, a secure structure, and freedom from serious hazards like severe mold or pest infestations. The exact standards come from state law and local housing codes, summarized in your state's section.
Can I withhold rent if my landlord won't make repairs?
In many states you can, but usually only after proper written notice and by following strict steps — some require paying the rent into escrow or the court instead of simply keeping it. Withholding incorrectly can expose you to eviction, so check your state's section first.
What is 'repair and deduct'?
Several states let a tenant pay for a necessary repair and subtract the cost from the next rent payment, usually up to a capped amount and only after giving the landlord notice and a chance to fix it. The cap and the rules vary by state — see your state's section.
Can my landlord retaliate if I report bad conditions?
No. Retaliating against a tenant for reporting code violations or requesting repairs is illegal in most states, and many presume retaliation if the landlord acts against you soon after a complaint. See the landlord-retaliation guide for the specific window and remedies in your state.
State-by-state details
Alabama
Primary statute: Ala. Code § 35-9A-204 — Landlord Obligations
Full Alabama guide →Alaska
Primary statute: Alaska Landlord Obligations — Alaska Stat. § 34.03.100
Full Alaska guide →Arizona
Primary statute: A.R.S. § 33-1324
Arizona requires landlords to maintain rental properties in a fit and habitable condition under the ARLTA:
- Landlords must comply with applicable building codes, housing codes, and health codes affecting health and safety
- Specific duties include: maintaining plumbing, heating, cooling (critical in Arizona's extreme heat), electrical systems, sanitation, and structural integrity
- Landlords must provide and maintain air conditioning or cooling equipment where supplied as part of the rental agreement (essential in Arizona)
- Tenants must notify the landlord of needed repairs in writing
- If repairs are not made, tenants may: (1) give a 10-day notice to cure and terminate if not corrected, (2) pursue a court order, or (3) use repair-and-deduct for repairs costing up to $300 or half the monthly rent
- Retaliatory action for reporting habitability issues is prohibited
Arkansas
Primary statute: Arkansas Residential Landlord-Tenant Act, Ark. Code § 18-17-901 et seq.
Full Arkansas guide →California
Primary statute: Cal. Civ. Code § 1942.4
California's § 1942.4 bars a landlord from collecting rent 35 days after code enforcement serves a violation notice — plus $100–$5,000 in statutory damages and mandatory attorney's fees.
Full California guide →Colorado
Primary statute: C.R.S. § 38-12-503
Colorado requires landlords to maintain rental properties in habitable condition under the Warranty of Habitability Act:
- Colorado's Warranty of Habitability Act (CRS § 38-12-503 et seq.) defines specific habitability requirements
- Required conditions include: waterproofing, working plumbing, heating, electrical, hot water, sanitary facilities, working locks, and compliance with building/health codes
- Tenants must give written notice of habitability failures and allow a reasonable time to repair
- If the landlord fails to repair, tenants may: withhold rent, repair and deduct (up to one month's rent), or terminate the lease
- Tenants can also seek a court order for repairs and rent reduction
- Retaliatory actions by the landlord after a habitability complaint are prohibited
- The landlord cannot waive the warranty of habitability in the lease
Connecticut
Primary statute: CGS § 47a-7 — Landlord obligations (habitability)
Connecticut has strong habitability standards for rental properties:
- Landlords must maintain the premises in a fit and habitable condition
- Landlords must comply with all applicable building, housing, and health codes
- Essential services include heating, hot water, plumbing, electrical, and pest control
- Tenants may exercise a rent escrow remedy — depositing rent with the court if the landlord fails to repair
- Tenants can report code violations to local housing code enforcement for inspection
Delaware
Primary statute: Delaware Landlord Habitability Duty, 25 Del. C. § 5305
Full Delaware guide →District of Columbia
Primary statute: D.C. Rental Housing Act, D.C. Code § 42-3501.01 et seq.
D.C. has robust habitability protections rooted in its landmark case law:
- Javins v. First National Realty Corp. (1970): This D.C. Circuit Court case established the modern implied warranty of habitability — one of the most influential tenant protection cases in U.S. law.
- D.C. Housing Code: The D.C. Housing Regulations (14 DCMR) establish detailed habitability requirements including heat, hot water, structural integrity, pest control, and fire safety.
- DOB enforcement: The D.C. Department of Buildings (formerly DCRA) inspects rental properties and can issue violations.
- Rent withholding: D.C. tenants can withhold rent or pay into escrow when serious habitability defects exist. The tenant must give written notice and a reasonable time to repair.
- Tenant's right to repair: In some circumstances, D.C. tenants can make emergency repairs and deduct from rent.
Florida
Primary statute: Fla. Stat. § 83.51 + § 83.60(1)(b)
Florida turns material noncompliance into an eviction defense under § 83.60(1)(b) — but only if you delivered the 7-day notice first AND deposit rent into the court registry on time.
Full Florida guide →Hawaii
Primary statute: Hawaii Landlord Obligations — HRS § 521-42
Hawaii requires landlords to maintain rental properties to habitability standards under the Residential Landlord-Tenant Code:
- Landlords must maintain the premises in a habitable condition throughout the tenancy
- Landlords must comply with all applicable building, housing, and health codes
- Essential services include working plumbing, electrical, heating (less critical in Hawaii's climate), hot water, and pest control
- Hawaii's tropical climate creates unique habitability issues: mold, termites, and hurricane damage are common concerns
- Tenants must give written notice of defects; landlords must repair within a reasonable time
- If the landlord fails to repair, tenants may pursue rent reduction or lease termination
Idaho
Primary statute: Idaho Code § 6-320 — landlord duties to maintain rental premises
Idaho has limited implied warranty of habitability protections:
- Idaho courts have recognized an implied warranty of habitability in residential leases
- Landlords must maintain essential services: plumbing, heating, electrical, and structural integrity
- Idaho does not have a comprehensive statewide building code for all jurisdictions — code enforcement varies by city and county
- Tenants should provide written notice of defects and allow reasonable time for repair
- Idaho does not explicitly authorize rent withholding or repair-and-deduct remedies by statute
- Tenants may need to pursue remedies through small claims court or by terminating the lease
Illinois
Primary statute: Chicago RLTO § 5-12-110 (Chicago); Jack Spring, Inc. v. Little, 50 Ill. 2d 351 (1972) (statewide common law)
Chicago's essential-services clock is measured in <em>hours</em>, not days — 24 to withhold, 72 to terminate. Outside Chicago, habitability is a <em>Jack Spring</em> defense, not a self-help statute.
Full Illinois guide →Indiana
Primary statute: Indiana Code § 32-31-8-5 — landlord habitability and maintenance obligations
Full Indiana guide →Iowa
Primary statute: Iowa Code § 562A.15 — Landlord Duties to Maintain Premises
Iowa requires landlords to maintain rental properties to habitability standards:
- Landlords must maintain the premises in a fit and habitable condition under the URLTA
- Landlords must comply with building and housing codes materially affecting health and safety
- Essential services include plumbing, heating, electrical, hot water, and structural integrity
- Tenants must give written notice and allow reasonable time for repair
- Iowa allows tenants to pursue remedies including rent reduction if essential services are not maintained
Kansas
Primary statute: K.S.A. § 58-2553 — Landlord Obligations (Habitability)
Full Kansas guide →Kentucky
Primary statute: KRS § 383.595 — Landlord Obligations
Kentucky requires landlords to maintain rental properties in habitable condition under URLTA:
- Landlords must comply with building and housing codes
- Required: working plumbing, heating, electrical, structural integrity
- Kentucky allows tenants to use repair-and-deduct remedy for minor repairs (up to $100 or half month's rent)
- Tenants must give 14 days' written notice before using repair-and-deduct
Louisiana
Primary statute: Louisiana Civil Code Art. 2692–2696 — Landlord Maintenance Obligations
Louisiana's civil law system creates landlord maintenance obligations through the lease contract:
- Landlords must deliver the property in good condition and maintain it during the lease (La. Civ. Code Art. 2692, 2693)
- Required: structural soundness, weatherproofing, working plumbing, electrical, and heating
- Louisiana does not have an explicit "implied warranty of habitability" statute like common-law states — obligations arise from the Civil Code
- Tenants can seek rent reduction or termination for serious defects
Maine
Primary statute: 14 M.R.S.A. § 6021 — warranty of habitability
Maine requires landlords to maintain rental properties to habitability standards:
- Landlords must maintain the premises in a habitable condition fit for human habitation
- Landlords must comply with applicable building, housing, and health codes
- Essential services include working plumbing, heating (critical in Maine's harsh winters), electrical, hot water, and weatherproofing
- Maine allows tenants to escrow rent with the court if the landlord fails to make essential repairs after proper notice
- Tenants must give written notice and allow a reasonable time for repair
- Maine's cold climate makes adequate heating and weatherproofing critical habitability issues
Maryland
Primary statute: Maryland Rent Escrow, MD Code, Real Property § 8-211
Maryland requires landlords to maintain rental properties in habitable condition and provides tenant remedies:
- Landlords must comply with applicable building and housing codes affecting health and safety
- Required maintenance: working plumbing, heating, electrical, hot water, smoke detectors, and structural integrity
- Landlords must maintain the premises in a condition free from vermin and pests
- Maryland provides a rent escrow remedy — tenants can pay rent into a court escrow account if the landlord fails to make repairs after notice
- The court may then order repairs, reduce rent, or release escrowed funds as appropriate
- Tenants must give the landlord written notice and a reasonable time to repair before filing rent escrow
- Lead paint disclosure and remediation are required under MD law for pre-1978 housing
Massachusetts
Primary statute: Mass. Gen. Laws ch. 239, § 8A
Massachusetts requires landlords to maintain rental units in habitable condition under the State Sanitary Code and state law:
- The MA State Sanitary Code (105 CMR 410) sets detailed minimum standards for housing
- Required: working heat (between Sept 15 and June 15, minimum 68°F during day, 64°F at night), hot water (minimum 110°F), electricity, plumbing, and structural integrity
- Landlords must keep premises free from insect and rodent infestations
- MA allows tenants to withhold rent if conditions violate the sanitary code and the tenant is not at fault
- Tenants may also repair and deduct — make necessary repairs and deduct the cost from rent (up to 4 months' rent)
- Rent abatement is available from courts for periods where the unit was uninhabitable
Michigan
Primary statute: MCL § 554.139 (lessor's covenants — fit for use + reasonable repair)
Michigan landlords must attest to code compliance to file an eviction (MCR 4.201(B)(3)(c)) — and courts must abate rent per-day for any breach of MCL § 554.139 (MCL § 600.5741).
Full Michigan guide →Minnesota
Primary statute: Minn. Stat. § 504B.161
Full Minnesota guide →Mississippi
Primary statute: Miss. Code Ann. § 89-8-23 — landlord habitability obligations (where applicable)
Full Mississippi guide →Missouri
Primary statute: RSMo § 441.234
Missouri's implied warranty of habitability comes from King v. Moorehead and Detling v. Edelbrock, and RSMo § 441.234 gives tenants the right to deposit rent into court escrow after 14 days of unfixed defects. The landlord must repair or lose access to the escrowed funds.
Full Missouri guide →Montana
Primary statute: Mont. Code Ann. § 70-24-303 — landlord duty to maintain habitable premises
Montana requires landlords to maintain rental properties to habitability standards under the Residential Landlord and Tenant Act:
- Landlords must maintain the premises in a fit and habitable condition
- Landlords must comply with applicable building and housing codes affecting health and safety
- Essential services include working plumbing, heating (critical in Montana's cold climate), electrical, and hot water
- If the landlord fails to maintain essential services, the tenant may give notice and pursue remedies including rent reduction or lease termination
- Montana also allows a tenant to arrange for repairs and deduct the cost (up to $250 or half a month's rent) if the landlord fails to repair after notice
Nebraska
Primary statute: Neb. Rev. Stat. § 76-1419 — Landlord Obligations (Habitability)
Nebraska requires landlords to maintain rental properties to habitability standards under the URLTA:
- Landlords must maintain the premises in a fit and habitable condition
- Landlords must comply with applicable building and housing codes affecting health and safety
- Essential services include working plumbing, heating, electrical, hot water, and weatherproofing
- Tenants must give written notice of defects and allow reasonable time for repair
- If the landlord fails to repair, tenants may pursue remedies including rent withholding or repair-and-deduct (with limitations)
Nevada
Primary statute: NRS 118A.290 — Landlord Duty to Maintain Habitable Premises
Nevada requires landlords to maintain rental properties to habitability standards:
- Landlords must maintain the premises in a habitable condition under the URLTA
- Landlords must comply with applicable building and housing codes
- Essential services include plumbing, heating, air conditioning (critical in Nevada's desert climate), electrical, and pest control
- Tenants must give written notice and allow 14 days for repair (or 48 hours for emergencies)
- Nevada allows tenants to hire their own contractor and deduct the cost from rent for repairs under $100 or half month's rent
New Hampshire
Primary statute: RSA 540-A:2 — landlord duties for habitability
Full New Hampshire guide →New Jersey
Primary statute: Marini v. Ireland, 56 N.J. 130 (1970)
New Jersey's implied warranty is case-law-driven — rent withholding requires court escrow (Berzito), and BHI only covers 3+ unit buildings.
Full New Jersey guide →New Mexico
Primary statute: NMSA § 47-8-20 — landlord obligations to maintain habitable premises
Full New Mexico guide →New York
Primary statute: N.Y. Real Prop. Law § 235-b + NYC Civil Court Act § 110(c)
New York's § 235-b warranty is non-waivable — and the NYC HP proceeding forces court-ordered repairs with daily civil penalties, backed by free Right to Counsel representation for low-income tenants.
Full New York guide →North Carolina
Primary statute: N.C. Gen. Stat. § 42-42
Full North Carolina guide →North Dakota
Primary statute: N.D. Cent. Code § 47-16-13.1 — Landlord Obligations (Habitability)
North Dakota requires landlords to maintain rental properties to basic standards:
- Landlords must maintain the premises in a fit and habitable condition
- Compliance with applicable building codes is required
- Essential services include heating (critical in North Dakota's severe winters), plumbing, electrical, and structural integrity
- Tenants should provide written notice of defects and allow reasonable time for repair
- Tenants may pursue remedies through the courts if the landlord fails to maintain the premises
Ohio
Primary statute: Ohio Rev. Code § 5321.04
Ohio habitability duties are <em>non-waivable</em>, but there is no statutory repair-and-deduct — self-help withholding puts you in default. Your only legal paths are § 5321.07 rent escrow, court order, or termination.
Full Ohio guide →Oklahoma
Primary statute: Oklahoma Residential Landlord and Tenant Act — Landlord Obligations, 41 Okl. St. § 118
Oklahoma requires landlords to maintain properties in habitable condition:
- Landlords must comply with applicable building and housing codes
- Required: working plumbing, heating, electrical, structural integrity
- Oklahoma does not generally allow rent withholding
- Tenants can pursue court action or code enforcement complaints
Oregon
Primary statute: ORS § 90.320
Oregon imposes strong habitability requirements on landlords:
- Landlords must maintain properties in habitable condition and comply with all applicable codes
- Oregon allows rent escrow/repair-and-deduct remedies after proper notice
- Tenants can deduct up to 1 month's rent for essential service repairs
- Landlord retaliation for reporting code violations is prohibited
- If a rental unit is deemed uninhabitable, tenants may terminate the lease
Pennsylvania
Primary statute: Pugh v. Holmes, 486 Pa. 272, 405 A.2d 897 (1979)
Pennsylvania has no habitability statute — your leverage is <em>Pugh v. Holmes</em>, § 1700-1 escrow after code certification, and in Philadelphia the license knockout that blocks rent collection outright.
Full Pennsylvania guide →Rhode Island
Primary statute: R.I. Gen. Laws § 34-18-22 — landlord's duty to maintain fit premises
Rhode Island requires landlords to maintain rental properties to habitability standards:
- Landlords must maintain the premises in a fit and habitable condition
- Landlords must comply with all applicable building and housing codes
- Essential services include heating, hot water, plumbing, electrical, and pest control
- Rhode Island has a Minimum Housing Standards code that provides detailed requirements
- Tenants may report violations to local housing code enforcement for inspection
South Carolina
Primary statute: S.C. Code § 27-40-440 — Landlord Obligations
South Carolina requires landlords to maintain rental properties in habitable condition:
- Landlords must comply with applicable building and housing codes
- Required: working plumbing, heating, electrical, structural integrity
- Tenants must notify landlords of needed repairs in writing
- SC does not allow rent withholding as a tenant remedy
- Tenants can pursue court action or code enforcement complaints
South Dakota
Primary statute: SDCL § 43-32 — Landlord-Tenant (Habitability)
South Dakota has limited habitability protections:
- South Dakota does not have a comprehensive implied warranty of habitability statute
- Landlords must maintain the premises in compliance with applicable building codes
- Essential services include heating (critical in South Dakota's severe winters), plumbing, and structural integrity
- Tenants should notify landlords of defects in writing
- Remedies for habitability issues are limited — tenants may need to pursue court action
Tennessee
Primary statute: TCA § 66-28-304 — Landlord Obligations
Full Tennessee guide →Texas
Primary statute: Tex. Prop. Code § 92.0563
Texas tenants who send certified-mail notice and stay current on rent can recover one month's rent + $500 + repair order + attorney fees in a JP Repair-and-Remedy suit heard within 10–21 days.
Full Texas guide →Utah
Primary statute: Utah Fit Premises — Landlord Obligations — Utah Code § 57-22-3
Utah requires landlords to maintain rental properties under the Fit Premises Act:
- The Utah Fit Premises Act (Utah Code § 57-22) requires landlords to maintain the premises in a condition fit for human habitation
- Landlords must comply with building, housing, and health codes
- Essential services include plumbing, heating, electrical, and structural integrity
- Tenants must notify the landlord in writing and allow reasonable time to repair
- If the landlord fails to repair, tenants may terminate the lease or pursue damages through the courts
Vermont
Primary statute: 9 V.S.A. § 4457 — Vermont landlord habitability obligations
Vermont has strong habitability standards:
- Landlords must maintain the premises in a fit and habitable condition
- Vermont has a detailed Rental Housing Health Code (Vermont Department of Health) that sets minimum standards
- Essential services include heating (critical in Vermont's cold climate), hot water, plumbing, electrical, and structural integrity
- Tenants can report violations to local health officers or town code enforcement
- Tenants may exercise remedies including rent escrow if the landlord fails to repair
Virginia
Primary statute: Va. Code § 55.1-1244 (Tenant's Assertion + rent escrow — 15-day hearing)
Virginia's Tenant's Assertion gets you into court within 15 days of service — but you must pay rent into the court within 5 days of each due date or the case is dismissed.
Full Virginia guide →Washington
Primary statute: RCW 59.18.060
Washington imposes strong habitability requirements on landlords under the RLTA:
- Landlords must maintain the property in compliance with all applicable codes and in habitable condition
- Specific requirements include: weatherproofing, plumbing, heating, electrical, hot water, smoke detectors, working locks, and pest control
- Tenants must notify the landlord of needed repairs in writing
- If repairs are not made within a reasonable time, tenants may: (1) repair and deduct (up to 2 months' rent per 12-month period), (2) withhold rent after proper notice, or (3) terminate the lease
- Washington also requires landlords to disclose known defects (mold, lead paint, etc.)
- Retaliatory eviction for exercising habitability rights is prohibited
West Virginia
Primary statute: W. Va. Code § 37-6-30 — Landlord obligations
West Virginia has historically provided limited habitability protections, though courts have recognized an implied warranty:
- West Virginia courts recognize an implied warranty of habitability in residential leases (Teller v. McCoy, 162 W.Va. 367)
- Landlords must maintain essential services including plumbing, heating, electrical, and structural integrity
- Building code enforcement varies significantly by jurisdiction — rural areas may have limited enforcement
- Tenants should provide written notice of defects and allow reasonable time for repair
- West Virginia does not have a comprehensive statutory repair-and-deduct remedy
- Tenants may have remedies through contract law and the implied warranty recognized by courts
Wisconsin
Primary statute: Wis. Stat. § 704.07 — Landlord Repair Obligations and Repair-and-Deduct
Wisconsin requires landlords to maintain rental properties in habitable condition under state law and administrative code:
- Landlords must maintain the premises in a reasonable state of repair (Wis. Stat. § 704.07)
- Required maintenance: working plumbing, heating, electrical, hot water, and structural integrity
- Landlords must comply with applicable building and housing codes
- Wisconsin allows tenants to repair and deduct — for repairs costing up to one month's rent, tenants can make the repair and deduct the cost from rent (Wis. Stat. § 704.07(4))
- Tenants must give written notice and allow a reasonable time for the landlord to repair before using repair-and-deduct
- Wisconsin prohibits landlords from retaliating against tenants who report code violations
- Rent withholding is available through court-approved rent abatement for serious habitability defects
Wyoming
Primary statute: Wyo. Stat. § 34-2-128 et seq. — landlord and tenant obligations
Wyoming has limited habitability protections:
- Wyoming does not have a comprehensive implied warranty of habitability statute
- Landlords must maintain the premises in compliance with applicable building codes
- Essential services include heating (critical in Wyoming's harsh winters), plumbing, electrical, and structural integrity
- Code enforcement varies by jurisdiction — rural areas may have minimal enforcement
- Tenants should notify landlords of defects in writing