What Makes a Rental Property Habitable?

Megan Bullock / apartments.com • February 17, 2021

As a landlord, it’s crucial to know renter rights, with one of the most important being the implied warranty of habitability. This means that tenants have a right to a habitable living space, but state statutes differ on the details of this definition.

What Is the Implied Warranty of Habitability?

An implied warranty (also known as a covenant or a right) of habitability means that the landlord must guarantee that the rental property is in safe, working order for the tenant’s lease term. The implied warranty of habitability requires landlords to:

  • Maintain the structure of the property and keep the plumbing and electrical systems in working order
  • Make major repairs in a timely manner with proper notice
  • Keep the rental safe and free from unsanitary conditions that constitute a health hazard

What Constitutes Unsanitary Conditions?

Most sanitation requirements are commonly known and understood by landlords. For example, landlords must provide some method of garbage disposal, even if they ask tenants to pay for it, as well as keep the sewage system in working order. Landlords must also disclose the existence of lead paint or asbestos in the unit, and even after disclosure, they could be liable for health problems that result from these pollutants.

However, there are some sanitation requirements that are not as clear, such as mold and pest/rodent control. Although it is a landlord’s responsibility to prevent mold and pest/rodent infestations, the tenant must do their part as well by maintaining the property’s cleanliness and reporting any issues to the landlord.

Mold

Very few of the many mold strains that can grow inside a dwelling are toxic, but those that are can cause extreme discomfort for people and can amount to a health hazard. The presence of mold in a rental property often signifies leaks or other conditions that the landlord should repair (and be made aware of by the tenant). Mold can also be the result of a lack of properly cleaning and maintaining the property. It’s important to include your expectations for cleanliness in the lease so the tenant is aware of their responsibilities, as well as the consequences of not upholding the terms of the lease.

Pest infestation

pest infestation that existed before tenants moved in is clearly the landlord’s problem to fix. However, what about an infestation (of roaches, spiders, rats, etc.) that begins while tenants are occupying the rental? A pest or rodent infestation could occur from a lack of cleanliness, but they are fairly common regardless. Extermination is still ultimately the landlord’s responsibility, but if the problem persists due to a tenant’s neglect of the property’s cleanliness, the landlord may want to consider terminating the lease agreement (with probable cause) to get their investment back to its original state and prevent further damage.

Keep in mind that hoarding is a disorder protected by the FHA, so if the infestation is due to this, you cannot evict your tenant for this reason alone. Check your state laws before you make any decisions.

What Amenities Make a Rental Property Habitable?

Certain aspects of a rental property must be available to tenants, including:

Lighting

Proper lighting is an essential amenity in a rental property, and the landlord is responsible for maintaining it. This obligation applies to area lighting, but not necessarily to table lamps, work lights, and other specialty lighting. When essential room lights go out, or any other electrical systems malfunction, the landlord is required to repair them in a timely manner.

Heating

Heating is essential to a rental property’s habitability, and some states make very specific stipulations about habitable temperatures. It’s important to know the laws in your state, as well as those set by the municipality. San Francisco and New York are two examples of states that have established their own minimum temperature requirements for rental units.

Air conditioning

A lack of air conditioning doesn’t necessarily make a rental property uninhabitable, but it is required in a few states, particularly in southern states where temperatures surge in the summer months, so check your state laws to see if air conditioning is required in your area. If a tenant moves into a rental with a working air conditioner, it’s usually the landlord’s responsibility to keep it in working order through routine HVAC inspections as a contractual obligation. If the rental doesn’t come with an air conditioner, then the landlord has no obligation to install one (unless local laws state otherwise).

Appliances

Appliances are also considered a bonus amenity in a rental, as far as the law is concerned. However, the landlord has a contractual obligation to repair all appliances that come with the unit, so if the stove or refrigerator breaks, the landlord must repair or replace it. There is no law that forces this on the grounds of habitability, but if you intend to keep the landlord-tenant relationship in good standing, it’s in your best interest to repair the appliance(s) in a timely manner.

Are Smoke Alarms, Carbon Monoxide Detectors, and Emergency Exits Required?

Most fire marshals agree that a residential unit isn’t habitable if it doesn’t have smoke alarms, and in rental properties, it’s the landlord’s responsibility to service them. Check your state laws for specifics on the matter. For landlords who don’t know what type of smoke alarms to use or where to put them in the unit, FEMA provides a state-by-state guide. The laws regarding carbon monoxide detectors differ at a state level, but more states are beginning to require them in rental properties. Some state laws even specify that landlords are responsible for installing carbon monoxide detectors and maintaining them.

Every area where a tenant could sleep in a unit should have an emergency exit. The International Residential Code sets a minimum exit area of 5.7 square feet. When windows aren’t large enough to function as emergency exits, or if a basement bedroom lacks windows, some other means of an emergency exit must exist to make the rental property habitable.

When a Problem Arises in Your Rental Property

Aside from simple fixes like plunging a toilet or replacing a lightbulb, landlords should make it clear in the lease that tenants should not make repairs on their own. If an emergency occurs that makes a rental temporarily uninhabitable, like a broken toilet or a roof leak, the tenant should contact the landlord or property manager as soon as possible. In the lease, make it clear to tenants the importance of letting you know when problems arise so that you can make repairs. Once you’re aware of the problem, let your tenant know when they can expect the issue to be repaired and give them proper notice before entering the property. 


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By The Lighter Side of Real Estate August 5, 2026
Housing affordability has become one of those rare topics almost everyone agrees on: it’s a problem. Buyers feel it, renters feel it even more, homeowners talk about it, and politicians on both sides of the aisle regularly float ideas on how to fix it. Tax credits, zoning changes, interest rate adjustments, down payment assistance programs — for nearly every proposed solution, there’s a counterargument about whether it actually helps or just sounds good on paper. But one idea comes up again and again, across government, finance, real estate, and even everyday conversations among buyers and homeowners: build more homes. At its core, real estate is supply and demand in action. When demand outpaces supply, prices rise. When supply catches up, prices tend to stabilize or fall. So the logic is simple enough. If affordability is the issue, adding more housing inventory should help relieve some of the pressure. Of course, that doesn’t mean it’s easy. Builders aren’t public utilities. 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That means advising on contract terms, explaining how builder add-ons and incentives actually affect the bottom line, and helping buyers understand where there may be room to negotiate, even when the base price appears “fixed.” In new construction, negotiations often happen in less obvious places. Closing cost credits, upgrade packages, lot premiums, build timelines, contingency language, and even how issues are handled during construction can all have real financial and practical implications. These are details buyers may not think to question, but they can matter long after the excitement of choosing finishes wears off. An experienced agent can also provide context that isn’t available in the model home. How this builder compares to others nearby. How resale values have held up in similar developments. Whether certain upgrades tend to pay off (or not) when it comes time to sell. That kind of perspective doesn’t come from the builder’s sales office, because it doesn’t serve their interests to provide it. In short, new construction may look like a straightforward sales process on the surface, but it’s still a real estate transaction between a buyer and a seller. A seller who is often much more experienced than the buyer… So if you find yourself tempted to stroll into a model home in the near future, it may be worth pausing and scheduling that first visit with your own real estate agent instead. The Takeaway: If new construction inventory starts to increase, that’s good news for buyers and the market as a whole. More options, less pressure, and a healthier balance between supply and demand are all positives. But buyers should slow down before casually walking into a model home alone. If there’s any chance you’ll want an agent to be involved in the purchase, they should be part of the first visit — or at least formally registered in advance. A quick conversation upfront can preserve options, protect representation, and prevent frustration later.
By The Lighter Side of Real Estate August 3, 2026
You may have seen the headlines making the rounds lately about a homeowner who supposedly sold his house using AI. At face value, it sounds like something straight out of the near future. Most of the headlines made it seem like the guy typed in a few prompts and AI handled the marketing, found a buyer, guided the negotiations, and just like that… sold. But if you actually listen to an interview with the seller, the story sounds a little different. He makes it clear that AI was more of a tool helping with pricing ideas, marketing, and understanding the general process of selling a house. He also openly admitted that he hired an attorney to review the contract. So, like a lot of things you see online, it wasn’t quite as simple as it was made to sound. And as it turns out… he had even more help than he let on. The Part That’s Not Getting Talked About According to this article from the National Association of Realtors , there’s a key detail that tends to get left out of the story. There was a real estate agent involved. Not representing the seller, but representing the buyer—and in the process, doing a lot more than just “bringing the buyer.” While the seller enlisted the help of an attorney, he still found himself needing timely help and answers. So the agent ended up taking calls from the seller on a daily basis, from as early as 7:30 AM to as late as 11 PM one evening, helping answer his questions and guiding him through the process. In other words, doing many of the things a listing agent typically does, in order to help her client successfully buy a house from a seller who didn’t know the process. The reality is, this wasn’t a case of “AI handled everything.” There were still several humans involved, and one of them was an experienced real estate agent helping navigate the deal. Headlines Should’ve Said: “Local Man Sells House for Sale by Owner” When you really stop and think about it, this really is nothing more than a story about a For Sale By Owner (FSBO) transaction. This is really nothing new. A percentage of homeowners choose to go that route every single year. Some have success. Most quickly realize there’s more to the process than they expected. The only difference here is the tool being used. Not many years ago, this headline might have read: “Homeowner Sells House Using the Internet!” People have used Google to find information, online tools to create marketing for their home, and websites to expose their home to the market. Today, it’s AI. Different technological innovation. Same basic concept. Because at the end of the day, technology can help you get in the game… but it doesn’t suddenly make you an expert in everything that happens once you’re in it. Then Again, FSBOs Are at an All-Time Low… According to the National Association of Realtors , despite all the technology available today, For Sale By Owner transactions are at an all-time low, accounting for just 5% of all home sales. So all of those headlines probably should have focused on the fact that he sold his house FSBO! That’s probably more accurate. At a time when sellers have more access than ever to information, marketing tools, and now AI, the overwhelming majority still choose to work with a real estate agent. That doesn’t mean technology isn’t helpful. It is. AI can give you ideas, help you understand the process, and even make you feel more confident getting started if you’re thinking about selling on your own. But there’s a big difference between having access to tools, and knowing how to navigate everything that happens once your home hits the market. Pricing strategy. Buyer psychology. Negotiations. Inspections. Appraisals. Timelines. The unexpected issues that almost always come up along the way. That’s where experience tends to matter most. So if you’re thinking about using AI to sell your home based on this story, just know there’s more to it than meets the eye—and a reason why most sellers still choose not to go it alone. The Takeaway: A recent viral story about someone selling their house using AI makes it sound like the future has officially arrived. The headlines make it seem like all you have to do is type a few prompts, sit back, and watch your house sell. In reality, AI helped with some of the early steps, but there were still plenty of humans involved—including a buyer’s agent who ended up fielding calls and walking the seller through much of the process. So what you’re hearing about wasn’t a fully automated home sale. It was a For Sale By Owner deal with some tech mixed in. And considering FSBOs are at an all-time low of just 5%, that’s probably the part that should have made the headlines.
By The Lighter Side of Real Estate August 2, 2026
It’s common to look around your current home and wish for something better. More space. A different layout. A better location. Fewer compromises. That feeling doesn’t mean there’s anything wrong with your home—or with you. Very few people live in a place that feels perfect forever, and it’s human nature to wonder whether a different home might make you happier. That’s why a recent article from Realtor.com about whether a new home can make you happier can feel a little…conflicting. On one hand, it suggests that buying a new home could increase happiness. On the other hand, it says it might not. It’s an honest take, but it doesn’t really help much. The reality is, there’s rarely a definitive answer. True happiness usually runs deeper than square footage, finishes, or a new address. But if you’re hoping for some real clarity about whether buying a new home will actually make you happier, there may be a place to look for answers that most people don’t initially think to turn to… Most People Start by Venting to Friends, family…and ChatGPT When people start wondering whether a new home would actually make them happier, they usually don’t start by talking to a real estate professional. They start by bouncing it off of the people (and tools) they have in their day-to-day lives, such as: Friends , who know your personality, your habits, and the things you’ve been venting about for years Family members , especially if you’re close-knit—or if they’re providing financial help and feel entitled to weigh in A significant other , since any move will likely impact their life (and happiness) as well ChatGPT and other online tools , are increasingly being used to run scenarios, compare options, or talk through pros and cons Even a therapist , where big life decisions like housing naturally come up Each of these can be genuinely helpful—and in many cases, necessary—to make a thoughtful decision. The problem is that taken together, they can also make the decision more confusing than clarifying. Friends and family often filter advice through their own experiences, regrets, or wins Loved ones may unintentionally project fears or expectations that don’t fully apply to your situation Therapists can help you understand how you feel, but not whether a specific home or market reality actually makes sense Technology can explain concepts, but it doesn’t know your local market, what’s truly available, or which trade-offs are realistic All of these perspectives may help you sort through what you think will make you happy. What they tend to lack, however, is true insight into real estate itself. But Very Few Think to Confide in a Real Estate Agent For many buyers, real estate agents are still viewed through a pretty narrow lens. They’re seen as the person who schedules showings, unlocks doors, writes up paperwork, and—if you’re being cynical—tries to get a deal done as quickly as possible. That perception isn’t entirely surprising, since much of an agent’s work happens behind the scenes. But the truth is, good agents bring far more to the table than they’re usually given credit for—and in many cases, more than they’re ever paid for. Of course, they handle the things most people envision: showing houses, marketing listings, negotiations, inspections, managing timelines, contracts, and all the moving pieces that make a transaction actually happen. But those are just the baseline skills. The real value often lies in what agents learn and refine over years of working with people, not just properties. They’ve watched buyers chase homes they thought would make them happier, but didn’t deliver long-term satisfaction. They’ve helped others find unexpected joy in homes they initially overlooked. They’ve seen decisions driven by emotion work out beautifully—and others unravel under the weight of unrealistic expectations. That experience gives them context that no article, algorithm, or well-meaning friend can replicate. Over time, many agents also develop a set of soft skills that rarely get discussed. They often become an unofficial mix of trusted real estate expert, confidant, sounding board, and—at times—something closer to family. Someone their clients turn to for an uncommon blend of personal perspective and professional insight, wrapped into one relationship. The Sooner You Loop in an Agent, the Clearer the Decision Becomes If you find yourself casually saying things like “If only we had a bigger kitchen,” or “I wish this house had a better layout,” or even half-joking with a friend about how much happier you’d be in a different home, it probably doesn’t feel like a moment that calls for looping in a real estate agent. But that’s actually when bringing an agent into the conversation can be most valuable! A good agent can help you sort through those early thoughts before you make an entirely emotional decision to move forward, or do nothing and cope with a feeling of unhappiness. That doesn’t mean your agent should entirely replace the advice of friends and family, but you should definitely consider adding them in as an objective advisor who also understands the emotional side of the conversation. The Takeaway: It’s completely normal to feel like a new home might make you happier—and sometimes, it really does. That’s why most people start by running their thoughts and feelings by trusted friends, family, or their significant other. Those conversations matter and can be genuinely helpful. But many buyers wait to involve a real estate agent until they’ve already made a firm decision to buy, when in reality, looping one in earlier can be far more valuable. A trusted agent can act as a confidant and objective advisor, helping you sort through emotions, expectations, and real-world possibilities. That early clarity can make all the difference between a move driven by hope alone and one that truly supports long-term happiness.
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