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

A 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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The House That Started It All Could Kickstart What's Next

By KCM • August 17, 2026

The House That Started It All Could Kickstart What's Next Remember how exciting it was to buy your first place? It felt like crossing a long-awaited finish line. It gave you a place to build your life. Maybe it’s where you lived when you got married. Or where you welcomed a child or a pet into the family. But that was just the beginning. For most people, your first house was never meant to be your forever home. It’s a stepping stone for what comes next. And if your life looks different today than it did when you got the keys, you’re not stuck. Moving may be more realistic than you think. Starter Home Inventory Is Still Relatively Low If you've been wondering whether now is the right time to move up, here's something worth knowing. Starter homes remain one of the hardest types of homes to find. And that's good news if you're thinking about selling your first place. Historically, we haven’t been building enough homes for first-time buyers. And even though homebuilders have shifted more attention toward smaller, entry-level homes lately, the Census shows there’s a long way to go to re-build supply (see graph below): That means your current house is in demand – and that’s a dream scenario for sellers. But that’s only half the story. You also need somewhere to go. There Are More Move-Up Homes on the Market Here’s where this gets interesting. While the supply of starter homes remains tight (the green line), data from Redfin shows that the number of homes for sale has been climbing overall (the blue line): As Nadia Evangelou, Principal Economist and Director of Real Estate Research at the National Association of Realtors (NAR), explains : “Too much of the inventory available today remains concentrated at higher price points, leaving a shortage of options for entry-level and middle-income buyers.” That means you may have more choices for your move up than you'd expect. Whether you're hoping for another bedroom, a home office, a bigger backyard, or simply more room for this next stage of life, today's market may finally be giving you the chance to find it. At the same time, your current house may be exactly what someone else has been looking for because homes like yours are still in short supply. That's a unique advantage for move-up buyers. And it could help you sell for a stronger price. As Zillow says: "Starter home value appreciation has outpaced other types of homes nationally, mostly because they're so in demand." Your Biggest Advantage May Be Your Equity Here’s the cherry on top. There's one more thing your first home has been doing behind the scenes, and that’s building equity . Every mortgage payment you've made and every year your home's value has grown has quietly increased your ownership stake in your house. According to Cotality , the average homeowner with a mortgage has $295k in equity built up. While your number may be different, once you sell, it could become the down payment on your next home or help reduce the amount you need to borrow at today’s rates. Put it all together and your move up becomes a lot more realistic than you think: The house you're selling is in demand. The house you're buying may be easier to find. And the equity you've built can help bridge the gap between the two. Your first home did exactly what it was supposed to do. It gave you a place to start. Now, it may be the thing that helps you take the next step. Bottom Line Your first home was never meant to be your forever home. It was meant to help you build a life and build the financial foundation for whatever came next. If your current home no longer fits the life you're living today, let’s connect. You may be closer to your next chapter than you realize.

Priced Out? A Condo or Townhome Could Be Your Way In.

By KCM • August 16, 2026

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More Homes, Better Prices: A Buyer’s Summer

By KCM • August 14, 2026

More Homes, Better Prices: A Buyer’s Summer If you’ve thought about buying a home in the past few years, you may have run into two frustrations: asking prices that kept climbing and too few homes to choose from. In many places, both sticking points are letting up this summer, with lower asking prices and more homes for sale. Let’s look at the trends, and what they mean for your search. Sellers Are Pricing To Attract Buyers According to Realtor.com, the national median asking price was $430,000 in June, nearly $11,000 under what it was the year before (see graph below): That’s the eighth month in a row that the typical asking price has dipped below where they were the previous year, according to the same Realtor.com report. And while falling prices can sound worrying, this isn’t a sign of an impending crash. We’re talking about asking prices, not sold prices. This is a sign that today’s sellers are meeting the market where it is and pricing to draw buyers. And that’s actually something normal we’d expect from the market. As Danielle Hale, Chief Economist at Realtor.com, puts it : “Sellers are reading market conditions and are pricing accordingly from the start rather than listing high and cutting later, and buyers are taking note and making bids. This is a welcome sign that we are in a functioning market. ” Asking prices were never going to climb forever – now they're just settling closer to what buyers can actually pay. That signals a healthier market, and sellers re-adjusting their expectations. More Homes Are Available Now If you’ve spent the past few years watching homes disappear before you could even schedule a tour, this is for you. Supply is starting to catch up. According to Realtor.com, the number of homes listed for sale in June was the highest June number we’ve seen in three years (see graph below): This means more options for you and less competition for each one. Now, supply is not back to normal everywhere. As you can see, we’re still down from where we were back in 2017-2019. But in many places, it’s better than it’s been in a while. Here’s how that helps you. You don’t have to rush an offer just to stay in the running, and you have better odds of finding and landing the right home, not just the one that’s available. Plus, you’ll have more room to negotiate, so you’re searching from a stronger position than buyers had even a year ago. Why This Is Encouraging if You’re Buying Your First Home For first-time buyers looking for lower-priced homes, these trends line up especially well. Mischa Fisher, Chief Economist at Zillow, explains: “The lowest price tiers are exhibiting some softness in terms of price, they also had the most listing-activity growth, the first time since 2022 that’s been the case.” So, if you’re searching for your first place or your next house, there's a little more to choose from and a little more give on price. Bottom Line If a tight budget or a thin selection has kept you from buying a home, now might be the time to restart your search. Ready to see what’s available here? Let’s connect.