Access and condition
Repair and habitability laws by state
The rule in every state and DC, with the statute and how well each answer is verified. Click a state for its full page.
Most states require rentals to meet a basic habitability standard and give tenants remedies when serious problems are not fixed, such as repair and deduct, rent withholding into escrow, or ending the lease. The details, notice steps and limits differ widely.
What to check in your state
- What counts as a condition that affects health or safety.
- How much time you have after notice to make repairs.
- Which tenant remedies apply and their dollar limits.
Common mistakes
- Not logging the date a repair request was received.
- Retaliating, even unintentionally, after a tenant complains to a code agency.
What federal law adds
| State | Rule | Details | Sources |
|---|---|---|---|
| Alabama | Keep the unit habitable and follow building and housing codes. | Duties include working electrical, plumbing, heating, and supplied air conditioning, trash receptacles, running water, reasonable hot water, and reasonable heat. If a material problem affecting health and safety is not fixed within 14 days after the tenant's written notice, the tenant may end the lease and recover damages. Single-family landlords may shift some duties to the tenant in writing. | Ala. Code §§ 35-9A-204, 35-9A-401 Checked against the official source |
| Alaska | Keep the unit fit and habitable. | If a material problem is not fixed within 10 days of written notice, the tenant may end the lease 20 days after the notice. Separate remedies apply if the landlord fails to supply heat, running water, hot water, sanitary facilities, or other essential services. | AS 34.03.100, 34.03.160, 34.03.180 Checked against the official source |
| Arizona | Keep the unit fit and habitable, including air conditioning where installed. | Tenants may end the lease if a material breach is not fixed within 10 days of notice (5 days for health and safety). For minor defects costing up to $300 or half a month's rent, whichever is greater, a tenant may use a licensed contractor and deduct the cost if the landlord does not act within 10 days. | A.R.S. §§ 33-1324, 33-1361, 33-1363 Checked against the official source |
| Arkansas | Minimum quality standards apply to leases signed or renewed after November 1, 2021. | The unit must have hot and cold running water, electricity, safe drinking water, working sewer and plumbing, a functioning roof and building envelope, and any heating or air conditioning provided at the start. If the landlord does not fix a problem within 30 days after written notice by certified mail, the tenant may end the lease and get the deposit back. Tenants may not withhold or offset rent. | Ark. Code Ann. § 18-17-502 Secondary source |
| California | Keep the unit habitable. From 2026, provide a working stove and refrigerator. | For leases entered into, amended, or extended on or after January 1, 2026, the landlord must provide and maintain a working stove and refrigerator, and fix or replace a recalled appliance within 30 days of notice. A tenant may opt in the lease to supply their own refrigerator. Tenants may repair and deduct up to one month's rent, no more than twice in 12 months, after giving reasonable notice. | Cal. Civ. Code §§ 1941.1, 1942 Checked against the official source |
| Colorado | Begin repairs within 24 hours for conditions that threaten life, health or safety, and within 72 hours for other habitability issues. | The deadlines run from notice. For life, health or safety conditions, if the tenant asks, provide a comparable unit or hotel room at no cost within 24 hours, with a per diem after 48 hours. Mold tied to dampness makes a unit uninhabitable. Tenant remedies are in C.R.S. 38-12-507. | C.R.S. §§ 38-12-503(2)(b), (4); 38-12-505 Checked against the official source |
| Connecticut | Keep the unit fit and habitable and follow codes. | Tenants can pay rent into court to force repairs, and have remedies if essential services stop. For a bed bug report, inspect within 5 business days. | Conn. Gen. Stat. §§ 47a-7, 47a-7a, 47a-13, 47a-14h Checked against the official source |
| Delaware | Keep the unit safe, sanitary, and code compliant. | Tenant remedies include ending the lease after 15 days' notice of a serious problem, repair and deduct (up to $400 or half a month's rent, whichever is less) when you fail to act within 30 days, and withholding two-thirds of daily rent when heat, hot water, water, or electricity is out 48 hours or more after notice. The added duty to keep pre-1978 units free of lead-based paint hazards and certified lead safe or lead free (§ 5305(a)(6)) starts on the Chapter 54 implementation date, no later than March 1, 2028. | 25 Del. C. §§ 5305 to 5308; 85 Del. Laws c. 98, § 5 Checked against the official source |
| District of Columbia | Keep units in compliance with the DC Housing Code. You cannot charge tenants fees for services the warranty of habitability requires. | Since August 14, 2026, fees for services the landlord must provide under the implied warranty of habitability and the housing and property maintenance codes, including utilities, trash, locks and third-party billing fees, are barred. From January 1, 2027 you cannot bill tenants separately for common area or vacant unit utilities. Tenants must give access within 48 hours of a written request to fix an alleged code violation. | D.C. Code §§ 42-3505.10(b-2), 42-3505.11, 42-3505.51; 14 DCMR 301 Checked against the official source |
| Florida | Follow building and health codes. Apartments also need pest control, locks and keys, garbage removal, heat, running water, and hot water. | For single-family homes and duplexes, these extra duties can be changed in writing, but working smoke detectors are required at move-in. A tenant may withhold rent after giving 7 days' written notice of a material failure, but must deposit rent into the court registry to raise that defense in an eviction. | Fla. Stat. §§ 83.51, 83.60 Checked against the official source |
| Georgia | Keep the premises in repair. Since July 1, 2024, every residential lease includes a promise that the unit is fit for human habitation. | These duties cannot be waived in the lease. Retaliation for a tenant's good-faith action about a life, health, safety, or habitability concern is barred and is a defense to a dispossessory case. 'Utilities' for the landlord's utility duties means cooling, heat, light, and water. | O.C.G.A. §§ 44-7-2, 44-7-13, 44-7-14.1, 44-7-24 Checked against the official source |
| Hawaii | Keep the unit habitable and code compliant. Start urgent repairs to plumbing, electrical, or major appliances within 3 business days of notice. | Other repairs must start within 12 business days of written notice, and health or safety violations within 7 calendar days of an agency notice. If you do not act, the tenant may repair and deduct up to $1,000 or one month's rent, whichever is greater, with receipts. Retaliation after a complaint or repair request is barred. | HRS §§ 521-42, 521-64, 521-74 Checked against the official source |
| Idaho | Keep the unit weatherproof, safe, and with working utilities and smoke detectors. Tenant must give 3 days' written notice before suing. | A tenant may sue for damages and specific performance over failures in waterproofing, electrical, plumbing, heating, cooling, or sanitary facilities, health or safety hazards, or missing smoke detectors. A suit for specific performance only is tried within 12 days of filing. If smoke detectors are not installed within 72 hours of a certified letter, the tenant may install them and deduct the cost from rent. The statute provides no other rent withholding or repair and deduct remedy. | Idaho Code §§ 6-320, 6-323 Checked against the official source |
| Illinois | Tenants may repair and deduct after 14 days' written notice, up to the lesser of $500 or half a month's rent. | Notice must go by registered or certified mail, or sooner in an emergency. The tenant must use a licensed, insured tradesperson and give you the paid bill. It does not apply to owner-occupied buildings with 6 or fewer units, public housing, condos, co-ops, or mobile homes. Since 2025 the Landlord Retaliation Act bars retaliation for code complaints, repair requests, or tenant organizing, with a presumption for acts within one year and damages of 2 months' rent or twice actual damages. | 765 ILCS 742/5-15; 765 ILCS 721/5-20 Checked against the official source |
| Indiana | Deliver and keep the unit safe, clean, habitable and code compliant. | Keep electrical, plumbing, sanitary, heating, ventilating and air conditioning systems, elevators, and appliances you supplied in good and safe working order. Heat must be adequate at all times and hot and cold water must be available. A tenant must give notice and a reasonable time to fix before suing, then can recover damages and attorney fees. Retaliating against a tenant for code complaints or repair requests is prohibited. | IC 32-31-8-5; IC 32-31-8-6; IC 32-31-8.5 Checked against the official source |
| Iowa | Keep the premises fit and habitable and follow housing codes. | Maintain electrical, plumbing, sanitary, heating, ventilating, air conditioning systems, appliances and elevators you supply. Provide running water, reasonable hot water and heat, trash receptacles and clean common areas. In a single-family home, a tenant may agree in writing to take on some duties if done in good faith. Retaliation for complaints is prohibited. | Iowa Code 562A.15; 562A.36 Checked against the official source |
| Kansas | Follow building and housing codes and keep systems in safe working order. | Maintain electrical, plumbing, sanitary, heating, ventilating and air conditioning, and supplied appliances; provide running water, reasonable hot water and heat, and trash receptacles; use reasonable care in common areas. Small buildings (up to four households) may shift some duties to tenants in a good-faith written agreement. Retaliation for code complaints is barred. | K.S.A. 58-2553; 58-2572 Checked against the official source |
| Kentucky | URLTA areas: follow codes, keep the unit fit and habitable, and keep systems, water and heat working. | The landlord must keep common areas clean and safe, maintain electrical, plumbing, heating and air conditioning, and supply running and hot water and heat from October 1 to May 1. Retaliating after a code or repair complaint is barred, with a presumption of retaliation for one year after the complaint. Outside URLTA areas, local housing codes apply. | KRS 383.595; KRS 383.705 (URLTA areas) Checked against the official source |
| Louisiana | Make all repairs needed to keep the home suitable for its purpose, except those the tenant must make. | If you do not repair within a reasonable time after the tenant's demand, the tenant may make necessary repairs and deduct the reasonable cost from rent. Urgent repairs may be made mid-lease, but the tenant may get a rent reduction or dissolution. When a home becomes uninhabitable through no fault of the tenant, the landlord must mitigate damages. | La. Civ. Code arts. 2682, 2691, 2693, 2694; La. R.S. 9:3260 Checked against the official source |
| Maine | Implied warranty that the unit is fit for human habitation. | After written notice, fix conditions that endanger health or safety within a reasonable time. Courts can order repairs and reduce rent back to the date of notice. Bedbug treatment rules apply. You cannot raise rent while the unit is in violation. | 14 M.R.S. 6021; 6021-A; 6016 Checked against the official source |
| Maryland | Warranty of habitability; fix serious defects within a reasonable time after notice. | Tenants may seek rent abatement, damages or lease termination, and may use rent escrow. Mold: do an assessment within 15 days of written notice and remediate within 45 days. Starting June 1, 2026, buildings with 10 or more units must provide air conditioning (new construction, and units where AC was provided or required since January 1, 2025) and keep units at 80 degrees or below from June 1 to September 30; renovated units follow from October 1, 2026. | Md. Code, Real Prop. 8-211; 8-212; 8-220; 8-122 Checked against the official source |
| Massachusetts | Units must meet the State Sanitary Code (105 CMR 410). | The Sanitary Code sets minimum standards for heat, hot water, pests, safe structure, and more, and was last overhauled in 2023. Local boards of health inspect and order repairs. Tenants can raise code violations they did not cause as a defense and counterclaim in eviction cases. | 105 CMR 410.000; G.L. c. 239, § 8A Secondary source |
| Michigan | Keep the unit fit and in reasonable repair and follow health and safety laws. | Every residential lease includes promises that the unit and common areas are fit for their intended use, kept in reasonable repair, and compliant with state and local health and safety laws, unless the tenant caused the problem. These duties can be changed only in a lease with a current term of at least one year. | MCL 554.139 Checked against the official source |
| Minnesota | Keep the unit fit, in reasonable repair, code-compliant, and heated to 68°F in winter. | Landlords must keep the premises and common areas fit and in reasonable repair, handle pest extermination, meet health, safety, and rental licensing codes, and supply heat of at least 68°F from October 1 to April 30. These duties cannot be waived. Tenants can use rent escrow and emergency remedy actions to force repairs. | Minn. Stat. § 504B.161 Checked against the official source |
| Mississippi | Follow health and safety codes and keep systems in move-in condition. | Comply with building and housing codes that materially affect health and safety, and keep the unit, plumbing, and heating or cooling in substantially the same condition as at move-in, minus wear and tear. You are not responsible for tenant-caused damage. If you do not fix a material defect within 30 days of written notice, a current tenant may repair it and be reimbursed up to one month's rent, no more than once every 6 months. Read on an unofficial copy; the official code (LexisNexis) was not accessible. | Miss. Code Ann. §§ 89-8-23, 89-8-15 Secondary source |
| Missouri | Follow local codes; limited repair-and-deduct right. | A tenant who has lived there 6 consecutive months, paid all rent, and has no uncured written violation notice may fix a local housing or building code violation after 14 days' written notice and deduct the cost, up to $300 or half a month's rent (whichever is greater) but never more than one month's rent, and no more than one month's rent in any 12 months. If you dispute the repair in writing within the notice period, the tenant first needs a written code violation certification from the city. Leases cannot waive this right. | RSMo § 441.234 Checked against the official source |
| Montana | Keep the unit fit and habitable and maintain systems and detectors. | Comply with health and safety building codes, make repairs to keep the unit fit and habitable, keep common areas clean and safe, maintain electrical, plumbing, heating, and other supplied systems, provide trash receptacles unless the lease says otherwise, and supply running and hot water and reasonable heat from October 1 to May 1. Install and verify working smoke and carbon monoxide detectors at move-in. | MCA 70-24-303 Checked against the official source |
| Nebraska | Keep the unit fit and habitable after notice of a problem. | After written or actual notice, comply with minimum housing codes affecting health and safety, make repairs to keep the unit fit and habitable, keep common areas clean and safe, maintain supplied systems and appliances, provide trash receptacles, and supply running water, hot water, and reasonable heat. For a single-family home, the tenant can take on some duties by a written agreement made in good faith. | Neb. Rev. Stat. § 76-1419 Checked against the official source |
| Nevada | Keep the unit habitable; tenant can act after written notice and 14 days without repair. | Habitability covers weatherproofing, plumbing, hot and cold water, heat, electrical, trash, pests, and structural parts. After 14 days the tenant may end the lease, sue, or withhold rent (withheld rent must go into a court escrow to use as an eviction defense). You cannot charge tenants for repairs you are required to make, including home warranty deductibles. | NRS 118A.290, NRS 118A.350 Checked against the official source |
| New Hampshire | Meet minimum standards in RSA 48-A:14 or local codes. | Standards cover pests and bed bugs, plumbing and sewage, electrical hazards, leaks, falling plaster, unsafe stairs, water and hot water, gas leaks, and heat to 65 degrees. Substantial code violations can block a nonpayment eviction. Investigate infestation reports within 7 days. | RSA 48-A:14; RSA 540:13-d; RSA 540-A:3, V-a Checked against the official source |
| New Jersey | Implied warranty of habitability; tenants may repair and deduct, withhold, or seek abatement after notice. | Defects must affect a vital facility such as heat, water, toilets, or electricity, and the tenant must give notice and reasonable time. Buildings of 3 or more units must meet the Hotel and Multiple Dwelling regulations, including heat of at least 68 degrees from 6 a.m. to 11 p.m. and 65 degrees overnight from October 1 to May 15. | Marini v. Ireland, 56 N.J. 130 (1970); N.J.A.C. 5:10-14.4 Secondary source |
| New Mexico | Keep premises safe and code-compliant; residents can give a 7-day notice to terminate or abate rent. | After written notice, the resident may end the lease if you make no reasonable repair attempt in 7 days, or abate rent under 47-8-27.2. Conditions the resident caused do not qualify. | NMSA 47-8-20; 47-8-27.1; 47-8-27.2 Checked against the official source |
| New York | Warranty of habitability in every lease; tenants cannot waive it. | Premises and common areas must be fit to live in and free of conditions dangerous to health or safety. Tenants may seek rent abatement in court for breaches. | N.Y. Real Prop. Law § 235-b Checked against the official source |
| North Carolina | Keep premises fit and code-compliant; tenants cannot withhold rent without a court order. | Repair facilities and appliances promptly after written notice (except emergencies). Provide working smoke alarms (repair within 15 days of written notice) and carbon monoxide alarms where required. | N.C. Gen. Stat. §§ 42-42, 42-44(c) Checked against the official source |
| North Dakota | Keep premises fit, code-compliant and supplied with water, hot water and heat. | Tenants may repair and deduct, or move out, if you do not fix problems within a reasonable time after notice. Single-family landlords and tenants may agree in writing that the tenant handles some duties. | N.D.C.C. §§ 47-16-13, 47-16-13.1 Checked against the official source |
| Ohio | Keep the unit fit and habitable and meet housing codes. | Landlords must maintain systems and appliances they supply, keep common areas safe, and provide running water, hot water and heat. If a landlord ignores written notice for a reasonable time (no more than 30 days), a tenant who is current on rent may deposit rent with the court, ask for a repair order, or end the lease. The rent deposit remedy does not apply to landlords with three or fewer units who give written notice of that fact, or to student tenants. | Ohio Rev. Code §§ 5321.04, 5321.07 Checked against the official source |
| Oklahoma | Make repairs needed to keep the unit fit and habitable. | Landlords must maintain supplied electrical, plumbing, heating, cooling and appliances, and (except single-family homes) keep common areas safe and supply water and heat. After 14 days' written notice, a tenant may repair a health-related defect costing up to one month's rent and deduct it, or end the lease for material breaches not fixed in 14 days. | 41 O.S. §§ 118, 121 Checked against the official source |
| Oregon | Keep the unit habitable at all times. | The statute lists required items, including weatherproofing, plumbing, hot and cold water, heat, electrical, smoke alarms, safe premises, garbage service, and working locks and window latches. Since January 1, 2026, a landlord who uses phone-app entry must also offer another way in, such as a code, fob, key card or key. A 2026 law (SB 1523) extends this to common areas: tenants must have at least one way in that does not use a tenant portal. | ORS 90.320; Or Laws 2025 ch 127 (HB 3378); Or Laws 2026 ch 23 (SB 1523) Checked against the official source |
| Pennsylvania | Implied warranty of habitability applies to residential leases. | Pennsylvania courts recognize an implied warranty of habitability, which can support rent withholding or repair claims. The Landlord and Tenant Act itself only makes landlords of buildings with 3 or more households responsible for reasonable care of common areas, and requires the certifying agency to send landlords monthly statements when tenants pay rent into escrow under the City Rent Withholding Act. Local housing codes also apply. | Pugh v. Holmes, 405 A.2d 897 (Pa. 1979); 68 P.S. §§ 250.206, 250.502-A Secondary source |
| Rhode Island | Keep the premises fit and habitable, meet housing codes, and carry liability insurance. | Maintain supplied systems and appliances, provide water, hot water and heat (October 1 to May 1), and carry general liability insurance of at least $100,000, giving the tenant a copy of the declarations page with the lease and at each renewal. | R.I. Gen. Laws § 34-18-22 Checked against the official source |
| South Carolina | Keep the premises fit and habitable and meet building and housing codes. | Maintain supplied electrical, gas, plumbing, heating and cooling systems and appliances, provide running and hot water and reasonable heat, and keep common areas safe. Appliances in the unit are presumed landlord-supplied unless the lease excludes them. Single-family landlords may shift some duties to the tenant in writing, in good faith. | S.C. Code § 27-40-440 Checked against the official source |
| South Dakota | Keep the unit and common areas fit for habitation and in good, safe working order. | This duty cannot be waived. If the landlord does not repair after notice, the tenant may repair and deduct, or move out. If repairs cost more than one month's rent, the tenant may put rent in a separate bank account after written notice until repairs are made. | SDCL 43-32-8, 43-32-9 Checked against the official source |
| Tennessee | Meet building and housing codes and keep the premises fit and habitable. | Keep common areas clean and safe, and provide trash receptacles in buildings with four or more units. A tenant may agree in writing to do specific repairs, but it cannot be a condition of the lease. | Tenn. Code Ann. § 66-28-304 Secondary source |
| Texas | Landlord must make a diligent effort to repair conditions that materially affect health or safety after notice. | Seven days is presumed a reasonable time to repair. If the tenant is current on rent and gave proper notice, the tenant may end the lease, repair and deduct, or sue. The lease must describe these remedies in bold or underlined text. HB 2037 (2025) updated the repair and deduct rules. | Tex. Prop. Code §§ 92.052, 92.056, 92.0561 Checked against the official source |
| Utah | Keep the unit fit for habitation. After written notice, owner has 3 days (habitability) or 10 days (lease items) to act. | For dangerous conditions, start repairs within 24 hours of notice. If the owner fails to act, the renter may choose rent abatement (ending the lease) or repair and deduct up to two months' rent. | Utah Code §§ 57-22-3, 57-22-4, 57-22-6 Checked against the official source |
| Vermont | Implied warranty of habitability; must meet building, housing, and health codes and provide heat and hot water. | If the landlord fails to fix a health or safety problem within a reasonable time after notice, the tenant may withhold rent, sue, or end the lease. For minor defects not fixed in 30 days, the tenant may repair and deduct up to half a month's rent. | 9 V.S.A. §§ 4457, 4458, 4459 Checked against the official source |
| Virginia | Keep premises fit and habitable, meet codes, maintain systems, and prevent and remediate mold. | Tenants can raise conditions as a defense, pay rent into court escrow, or use a statutory repair remedy after notice. Landlords cannot charge tenants maintenance or repair fees unless the tenant caused the problem. | Va. Code §§ 55.1-1220, 55.1-1244, 55.1-1244.1, 55.1-1208(C) Checked against the official source |
| Washington | Start repairs within 24 hours (no heat, water, power, or imminent hazard), 72 hours (major appliances or plumbing), or 10 days (other). | Timelines run from the tenant's written notice. If the landlord fails, tenants may use a repair and deduct remedy with dollar caps (two months' rent for contractor repairs, one month's rent per year for tenant-performed repairs) or other court remedies. | RCW 59.18.060, 59.18.070, 59.18.100 Checked against the official source |
| West Virginia | Deliver and keep the unit fit and habitable, meet codes, and keep systems working. | Supply running water, reasonable hot water, and reasonable heat from October 1 through April. The landlord does not have to make repairs while the tenant is behind on rent. | W. Va. Code § 37-6-30 Checked against the official source |
| Wisconsin | Keep premises in a reasonable state of repair and comply with local codes. | If the unit becomes untenantable and the landlord does not fix it promptly, the tenant may abate rent or move out. | Wis. Stat. § 704.07 Checked against the official source |
| Wyoming | Keep the unit safe, sanitary, and fit, with working electric, heat, plumbing, and hot and cold water. | A renter who is current on rent must give written notice; the owner must start repairs or dispute in writing within a reasonable time. If repairs cost too much relative to rent, the owner may end the lease with 10 to 20 days' notice. Renters can then sue; there is no repair and deduct right. | Wyo. Stat. §§ 1-21-1202, 1-21-1203, 1-21-1206 Checked against the official source |
Laws change. Each rule shows its source and the date it was last checked. Read the statute and talk to a local attorney before acting.
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