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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If You Think You Need a 20% Down Payment to Buy a Home, You Might Be Ready to Buy Sooner Than You Think

By The Lighter Side of Real Estate • June 3, 2026
Imagine you had to become a real estate agent tomorrow and help someone buy a house from start to finish. Think you’d know everything you need to know? Even if you feel pretty confident, there’s a good chance you’d run into a bit of a learning curve. There are a lot of moving parts in a real estate transaction, and most of what people know about the process tends to come from bits and pieces they pick up along the way. So it’s not all that surprising that, according to a recent survey from HousingWire , about 85% of homeowners said they wished they knew more before buying. Most of them probably did some homework and learned a lot as they went. But looking back, they realized there were things they would’ve liked to understand ahead of time. One of the biggest takeaways from the survey is that 13% of respondents believed they needed a 20% down payment to buy a home. That’s kind of surprising when you consider how often this topic comes up. It’s something agents talk about all the time, post about on social media, mention in conversations… to the point where it starts to feel like common knowledge. But clearly, it’s not something every home buyer (or potential home buyer) knows. So if you take nothing else away from this article, just know that you likely do not need 20% down to buy a house. Why Do People Still Think They Need to Put 20% Down? Years ago, putting 20% down was almost always required. Lending guidelines were tighter, loan options weren’t as flexible, and in many cases, that was just what buyers were expected to bring to the table. Over time, loan programs evolved, new options became available, and buyers started purchasing homes with far less money down than they used to. But somehow the idea that you need a 20% down payment never entirely went away. Part of that is likely because it’s still the benchmark for avoiding private mortgage insurance (PMI), which can lower your monthly payment. So it can come across as somewhat of an ideal thing to do. In reality, though, most buyers are putting down quite a bit less. In fact, the survey found that 72.6% of respondents put down 10% or less when they purchased their home. That Belief Could Be the Only Thing Stopping You From Buying a Home Based on those numbers, it’s pretty clear that a lot of buyers do figure out at some point that they don’t actually need 20% down. They get into the process, start asking questions, talk to the right people, and somewhere along the way, that misconception gets cleared up. But what if you never get that far? While plenty of buyers eventually learn they don’t need as much for a down payment as they first believed, there are likely a lot of potential homeowners sitting there thinking they need to hit that 20% mark before they can even start the conversation. Maybe you’re actively saving and assuming it’s going to take years. Or maybe you’ve just written it off altogether and figure it’s not even worth exploring yet. And if that’s the case, that belief alone could be the thing holding you back from finding out what’s actually possible. The reality is, what you qualify for depends on a lot of variables—income, credit, loan programs, and more—but the only way to really know is to explore it. That’s where talking to a real estate agent can make a big difference. They can help guide you, connect you with the right professionals, and walk you through not just down payment options, but the entire process. Don’t feel like you need to wait until you’re “ready” or have a full down payment saved before reaching out. The earlier you start the conversation, the better. Even if buying a home is just something you hope to do someday… that day may be sooner than you think. The Takeaway: A recent survey found that most homeowners wish they had known more before buying. One of the biggest misconceptions was about down payments. A surprising number of people still believe they need 20% down, even though most buyers are actually putting down far less. While plenty of buyers eventually learn they don’t need as much for a down payment as they first believed, there are likely a lot of potential homeowners sitting there thinking they need to hit that 20% mark before they can even start the conversation. If that sounds familiar, it may be worth reaching out to an agent and starting the conversation sooner than you think. You don’t need to have a down payment fully saved before reaching out—and you might even find that buying a home is more within reach than it seems.

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Is Homeownership Really Out of Reach for All First-Time Buyers… or Does It Just Feel That Way?

By The Lighter Side of Real Estate • May 31, 2026
If you’ve been wishing you could buy your first house, there’s a good chance the headlines are making you feel like it’s probably close to impossible. And to be fair, it’s not easy for a lot of first-time buyers who don’t have the advantage of equity from a previous home. Prices have gone up. Rates aren’t what they used to be. And rent hasn’t exactly been giving anyone a break either, which can make saving for a down payment feel like an uphill battle. It’s also pretty rare to hear anything that pushes back on that perspective. The overwhelming message is that housing is unaffordable, that first-time buyers are getting squeezed out, and that something needs to change to make it more accessible. So even if you’re doing pretty well financially, it’s not surprising if it still feels like buying a home is out of reach. It’s easy to assume you’re not in a position to buy simply because it feels like no one is. But it might not be a bad idea to test that assumption. Why It Might Feel Like You’re Further Behind Than You Are A recent article on Realtor.com touched on something called money dysmorphia. It’s a pretty simple idea. It’s when your perception of your financial situation doesn’t quite line up with reality. In other words, you might be doing better than you think, but it doesn’t feel that way. And that feeling can be influenced by a lot of things: What you see your peers posting on social media. What you hear from friends or coworkers. Or perhaps the constant stream of headlines talking about how expensive homes are. It can create this sense that everyone else is either way ahead of you… or that nobody can afford anything at all. On one hand, it can make you feel like you’re falling behind compared to what you see others doing. On the other hand, it can reinforce the idea that buying a home just isn’t realistic right now… even if your situation might suggest otherwise. Most people probably aren’t even aware that’s happening to them, so they don’t really question it. But now that you are, here are a few questions you might want to start asking yourself. Is it possible I’m actually in a position to buy a home? It might sound like a simple question, but it’s one a lot of people never seriously ask. If you’ve already assumed the answer is no, you may be skipping over the possibility that things aren’t as out of reach as they feel. What’s the worst that could happen if I try to find out? You’re not committing to anything by exploring your options. At worst, you confirm you’re not quite ready yet. At best, you realize you’re closer than you thought. What would I need to do to get a clear answer? This usually isn’t as complicated as it sounds. A quick look at your finances and a conversation with a lender can give you a much more accurate picture than guesswork or headlines. What if the answer is yes? That doesn’t mean you have to rush out and buy something tomorrow. It just means you have options—and you can start thinking about timing, strategy, and what makes sense for you. What if the answer is no? Even if you aren’t in a position to buy a house, at least you’ll get a feel for what you need to do to get yourself in a position to do so. Whether it’s saving a bit more, paying down debt, or improving credit, you can move forward with a plan instead of an assumption. Once you’ve worked through those questions, there’s really only one way to find out where you stand… and that’s to speak with a mortgage professional. Ideally, you’ll want someone who works with first-time buyers and is willing to walk you through things without making it feel overwhelming. They can guide you through the pre-approval process, which will give you a clear picture of whether you’re currently in a position to get a mortgage—or what you need to do to get there. A great way to find the right mortgage professional is to ask a local real estate agent for a recommendation. And while you’re at it, starting a relationship with an agent isn’t a bad idea either. Whether you’re ready now or further down the road, they can be extremely helpful in getting you from where you are today to where you want to be. The Takeaway: If you’ve been feeling like buying your first home is out of reach, you’re not alone. Between rising prices, higher rates, and constant headlines about affordability, it’s easy to assume it’s just not possible right now. But sometimes that feeling has just as much to do with perception as it does with reality. Due to something called money dysmorphia, it’s easy to underestimate where you stand financially, or assume you can’t afford something without ever really looking into it. Having a quick conversation with a mortgage professional can give you a much clearer picture. You may find you’re closer than you think… or at least know exactly what steps to take to get there.
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