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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Think Nobody's Buying Homes Right Now? Think Again.

By KCM • September 8, 2026

Think Nobody's Buying Homes Right Now? Think Again. If you've been thinking about selling , you've probably seen plenty of headlines suggesting buyers have just about disappeared. But there's a big difference between a slow market and a stalled one. Yes, mortgage rates are still higher than most people would like. Homes aren’t selling as fast as they were. And every week seems to bring another headline about buyers sitting on the sidelines. But here's what you haven't heard. Despite everything going on, buyer demand has been remarkably resilient. In fact, more sellers are getting to put up the “pending sale” sign now than during the last two years. What's even more surprising is that they're doing it at a time of year when activity usually starts to slow down. And if you're thinking about selling, that's a trend worth paying attention to. Buyers Are More Active Than You Think One of the best ways to measure buyer demand is by looking at pending home sales. Those are homes that have gone under contract but haven't closed yet. Think of them as a real-time pulse check on the market and whether buyers are still buying. HousingWire Data shows more homes are going under contract than at the same time the past 2 years (see graph below): While it may come as a surprise, the numbers speak for themselves. It doesn’t mean buyers are everywhere, but it does mean they’re still active right now. And even if this ebbs and flows a bit in the weeks ahead, right now we’re still ahead of where we’ve been lately. That's encouraging news if you're thinking about selling because it tells us something important… People haven't stopped buying homes. Serious buyers are still making moves. And a lot of these people are buying because they decided they can't keep waiting. Whether it's a growing family, a new job, retirement, or simply wanting a different home, life keeps moving… even when mortgage rates stay higher than we'd like. As Lawrence Yun, Chief Economist at the National Association of Realtors (NAR), explains : “A late spring buyer rush—even with mortgage rates not budging—is an indication of pent-up housing demand and consumers’ acceptance of above-6% mortgage rates as the new normal." So, if you've been worried no one’s buying, this data should give you some confidence. Today’s buyers aren't just casually browsing open houses on a Sunday afternoon, they've spent months waiting for rates to improve and now they realize they can’t wait anymore. That means they have a purpose and a timeline. And that's exactly the kind of motivated buyer you want to work with. What This Means for Your Sale Does that mean every house will sell instantly? No . Today's market is more balanced than it was a few years ago. So, you can’t just price your house however you want or skip preparing it for the market. Now buyers have choices, and they're willing to wait for the right home at the right price. But sellers who understand today's market (and price and position their homes right) are still finding success. Because the idea that "no one's buying right now" just isn't supported by the data. The buyers are there. The opportunity is there. The key is having the right strategy to capture it. Bottom Line This year's housing market may be moving slower than many of us hoped. But, buyer demand is more resilient than the headlines suggest. If you're wondering whether there are enough buyers for your house, let's connect. I'll show you what's happening in our local market and build a strategy that helps you take advantage of the momentum that's already here.

The “Take It or Leave It” Attitude Is Fading from the Market – What That Means for You

By KCM • September 6, 2026

The “Take It or Leave It” Attitude Is Fading from the Market – What That Means for You Negotiations are back. More buyers are asking for better deals , and more sellers are giving them. Builders are throwing in extras, too. That’s why whether you’re buying or selling today, there are two terms you’ll hear a lot: concession and incentive. A concession is something a seller agrees to during negotiations to get a deal done. An incentive is a perk a builder (or a seller) advertises upfront to attract buyers. Let’s run through what you need to know about both and how they could play a role in your move. More Sellers Are Agreeing to Concessions Almost half (46%) of homeowners who sold recently gave the buyer a concession, according to Redfin. That’s the highest share on record for this time of year. And roughly 1 in 7 (16%) sellers went a step further, cutting their asking price and offering a concession on top (see chart below): So, what kind of concessions are we talking about? A seller might cover part of your closing costs , take care of a repair, or offer a credit that trims your upfront costs. It’s how they keep a deal on track when buyers have more options to choose from – and homeowners aren’t the only ones compromising. Builders Are Cutting Prices, Too Newly built homes are seeing the same push and pull. According to the National Association of Home Builders (NAHB), 62% of builders are offering incentives right now. And about 35% are cutting prices outright (see chart below): Those incentives often look like: Price adjustments Mortgage rate buydowns Free upgrades, like nicer finishes or appliances Danielle Hale, Chief Economist at Realtor.com, explains why: "New construction has been one of the steadiest parts of the housing market over the past few years, but builders are clearly responding to today's affordability pressures and higher levels of existing-home inventory." Even builders, who many people think rarely negotiate, are competing on price and perks. They have been for over a year now. The same data shows this is the 15th straight month where more than 60% of builders have offered incentives to sweeten the deal. And that’s significant. What This Means for Your Move If you're buying , this is a good time to ask. Whether you have your eye on an existing house or a newly built home, there's a chance the seller or builder will meet you partway on price, terms, or both. If you're selling , expect buyers to ask. Even builders of brand-new homes are making concessions more often than not right now. Holding firm on every term could mean more time on the market, or a lost sale altogether. Bottom Line Sellers and builders are both giving buyers more to work with this year. Want to know what’s realistic to expect in concessions and incentives in our market? Let’s connect.

Thinking About Waiting for Lower Mortgage Rates? Read This First.

By KCM • September 4, 2026

Thinking About Waiting for Lower Mortgage Rates? Read This First. Imagine waiting a year to buy a home, only to find mortgage rates haven't changed much. That may sound frustrating.But it's a real possibility. A lot of people are putting their plans on hold because they believe much lower mortgage rates are right around the corner. But, based on today's forecasts, that may not happen. And you should know that before you decide what to do. Let's look at why experts don't expect a dramatic drop in rates – and the options that could help you buy anyway. Because even if rates don’t fall, you can still move. Here’s how. 1. Mortgage Rates Aren’t Expected To Fall in a Meaningful Way If you're waiting for rates to fall, you're not alone. A recent survey from Clever-Best Interest found 42% of people believe mortgage rates will drop below 5% this year. The challenge is, that's not what the experts who study mortgage rates every day are expecting. Forecasts from Fannie Mae, the Mortgage Bankers Association, and Wells Fargo all show mortgage rates staying relatively steady in the low-to-mid 6% range through at least mid-2027 (see graph below): Why? Rates are influenced by inflation, the overall economy, Treasury yields, Federal Reserve policy, global events, and a lot of other moving pieces. And right now, those factors simply aren't pointing toward the kind of dramatic rate drop many buyers are waiting for. Could rates move a little? Of course. But if you're holding out for a bigger drop, today's forecasts suggest you may be waiting a lot longer than you expect. 2. Inflation Is Still Elevated – And That’s Working Against Lower Rates One reason experts aren't expecting rates to fall much? Inflation. Generally speaking, high inflation is the enemy of lower mortgage rates. And after a period of relative stability from mid 2023 to late 2025, recent data shows inflation has actually been trending higher lately (see graph below): In other words, one of the biggest ingredients needed for much lower mortgage rates simply isn't in place today. That helps explain why experts aren't forecasting the kind of meaningful decline so many buyers are hoping for. 3. Today’s Rates Aren’t High, They’re "Normal" And this may be the biggest mindset shift of all. The reality is, while today's rates may feel high compared to a few years ago, they're not high. They’re normal. Historically, mortgage rates have spent the majority of their time somewhere between about 5% and 10%. And data from Freddie Mac shows we’re actually well in that range today. It just feels high because we all remember the ultra-low rates homeowners got during the pandemic (see graph below): Now, this doesn't suddenly make a 6% mortgage feel exciting. But it does remind us that waiting for super low rates again may not be a realistic strategy. So... What Should You Do Instead? None of this is meant to convince you that you have to buy today. You don’t. But if you need to because something in your life’s changed , there are still ways to find better affordability without waiting for mortgage rates to fall. Check out newly built homes. Many builders are offering incentives to attract buyers, including price cuts, potentially lower rates, free upgrades, and more. Ask about an adjustable-rate mortgage (ARM). If you don't plan to stay in the home long-term, an ARM may offer a lower initial interest rate than a traditional 30-year fixed mortgage. It's not the right choice for everyone, but it's worth asking a lender if it fits your plans. Look into mortgage rate buydowns. This is when you pay upfront to reduce your mortgage rate so you can get for a lower monthly payment without waiting for rates to fall. Find out about assumable mortgages. An assumable mortgage allows you to take over the seller’s existing loan, including its lower mortgage rate. The important thing is you shouldn’t assume waiting is your only option. Talk with your real estate agent and lender about whether one of these strategies could be a good fit for you. Bottom Line If you've been putting your home search on hold because you're convinced mortgage rates will be much lower soon, it may be worth taking another look at that strategy. Let’s connect so you have an expert who can at least walk you through your options and decide whether waiting really puts you in a better position – or just keeps you on the sidelines a little longer.