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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Don’t Let Home Prices Headlines Fool You

By KCM • April 27, 2026

Don’t Let Home Prices Headlines Fool You Spend about 5 minutes online searching for news about the housing market, and odds are you’ll see something pop up about home prices . You may even stumble onto social media influencers saying we’re headed for a crash. Let’s get you the context you need. The truth is prices are going to vary depending on where you live. But they're not crashing. Here’s what you need to know. The Local Perspective: Home Price Trends by Area The biggest thing feeding into the confusion online is how different home price trends are by area right now. Take a look at this data from ResiClub and Zillow (see graph below). About half of the largest metros are seeing prices go up. The other half are seeing some declines. Unfortunately, the online chatter only focuses on the markets where prices are down – and that makes it sound like something bigger is happening. But, as you can see in this graph, that’s only one side of the story. The full picture is different. The National Perspective: Moderate Price Growth As a country, when you average it all together to get a true baseline, one thing becomes clear, home prices are still net positive at the national level. According to the Redfin, national home prices were up about 1% year-over-year in February. So, what we’re seeing right now isn’t a collapse. It’s a market that’s normalizing after a period of unusually fast growth. And that impacts some local markets more than others – particularly those where prices rose too far, too fast during the pandemic. A true crash, like what happened in 2008, would mean prices dropping sharply across the entire country. That’s just not what the data shows today. And it’s not where things are going either. Experts Agree This Isn’t 2008 In fact, Fannie Mae surveyed over 100 housing market experts to ask their opinions on where prices are headed from here. And the experts agree, nationally, prices are expected to keep rising over the next five years : That rise will be moderate, particularly this year, but the trend is clear. Nationally, prices are forecast to grow every year now through at least 2030 – and that’s normal. Daryl Fairweather, Chief Economist, at Redfin explains: “ House prices aren’t going to fall on a national scale any time soon—and that’s actually a good thing. It’s normal for house prices to rise gradually over time . . .” That's why even in the select areas where prices have dropped slightly this year, the decline is expected to be temporary. According to that same quarterly Fannie Mae survey mentioned above, 85% of the experts say the markets that are seeing mild declines right now will return to positive price growth before the end of 2027. The main takeaway? This isn’t a crash. And prices aren’t expected to fall nationally. If anything, the few areas experiencing declines are expected to rebound in the next year or so. Bottom Line It’s easy to get caught up in headlines that make it sound like something big is about to happen. But don’t be fooled. The housing market isn’t crashing. It’s just shifting. The key is understanding what’s actually happening in your market, so you can make the right move for you. Let’s connect if you want the local perspective.

This’ll Change What You Think About Investors in Today’s Housing Market

By KCM • April 26, 2026

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Your House Hasn’t Sold Yet. Should You Rent It Out Instead?

By KCM • April 25, 2026

Your House Hasn’t Sold Yet. Should You Rent It Out Instead? When your house sits on the market longer than expected, it can get frustrating fast. You start asking: what now? And for a growing number of homeowners, that turns into: should I just rent it instead? While it sounds like a simple backup plan, becoming “ accidental landlord ” is actually a much bigger decision than most people realize. That’s when someone planned to sell, didn’t get the price or traction they hoped for, and decided to rent the house out instead. And lately, that's happening more often. Why the Number of Accidental Landlords Is Rising If you’re faced with the same choice to rent or to sell, here’s what you need to know. First, you’re not alone. And that should actually be some comfort. According to Zillow about 2.3% of homes available for rent were previously listed for sale. That may not sound like a lot, but it’s actually the highest share in almost 6 years. Before you go that route yourself, it’s worth slowing down and looking at the full picture. Ask yourself these 3 questions first. 1. Would Your House Actually Work as a Rental? What’s right for your situation is going to depend on your location, your home’s condition, and what the rental market looks like in your area. Think about: If you’re moving away, do you have a plan for how you’ll handle ongoing maintenance and repairs from afar? Does your house need repairs before it’s rental-ready? And do you have the time, energy, and the funds for that? What's the market like in your area? Are there a lot of rental vacancies? What monthly rent could you realistically expect? As C&C Property Management explains: “At the heart of any rental market is the balance between supply and demand. When more tenants are looking for housing than there are available units, rental prices rise. On the other hand, if new construction adds hundreds of apartments or homes to a neighborhood, prices can soften as tenants have more choices.” If your home would struggle to stand out or command the rent you need, that’s something to take seriously. Just because you can rent it doesn’t mean it’s the best option for you. 2. Are You Ready To Be a Landlord? This is the part people don’t always think about upfront. On paper, renting sounds like easy passive income. But in reality, it’s a hands-on responsibility. Imagine: Taking midnight calls about clogged toilets or broken air conditioners Chasing down missed rent payments Covering unexpected repairs Fixing damage between tenants And those costs can hit when you least expect them. 3. Have You Run the Real Numbers? There’s also the financial side of things. For starters, renting out your house comes with extra expenses. Here are a few of the biggest according to Bankrate: Higher insurance premiums (landlord insurance typically costs about 25% more) Management fees (if you use a property manager, they typically charge around 10% of the rent) Routine maintenance and services Advertising fees to find tenants Gaps between tenants, where you cover the mortgage without rental income coming in For some people, that’s totally manageable. For others, it’s more than they want to take on. Your Next Step: A Conversation with Your Agent Before you make any decision, talk to your current agent about overhauling your sales strategy first. Sometimes it’s not that buyers aren’t out there. It’s that something about the pricing, presentation, or marketing isn’t quite lining up with what they’re looking for. And a few small adjustments can make a big difference. Because while renting can be a great choice for the right person with the right house, if you’re only considering it because your listing didn’t get traction, there may be a better solution. Bottom Line If you're torn between selling and renting, make sure to carefully weigh the pros and cons first. For some homeowners, the hassle (and the expense) of renting may not be worth it.