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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Is AI the New “Well-Meaning Dad” for Real Estate Buyers and Sellers?

By The Inner Circle • March 31, 2026

People are turning to AI for just about anything you can think of: Trying to figure out if a strange symptom is worth a doctor’s visit Drafting a text they’ve been overthinking for three days Deciding whether that noise coming from their car is “normal” or “you should probably pull over immediately” Even asking how to handle awkward conversations, negotiate a salary, or plan out major life decisions So of course, it makes sense that people buying or selling a home would turn to AI at different stages of the process. And to be fair, it can be incredibly useful. It can give you a general sense of how the process works, help you understand terminology, and prepare you to ask better questions. Ideally, it helps make things smoother. More efficient. More informed. But that really hinges on whether it’s actually giving you accurate information, and whether that information is being interpreted correctly. That’s not to say that AI always gives wrong or even bad advice. But one thing it always gives is…confident advice. And sometimes, that confidence can be misplaced. When Everyone’s AI Answer Is “Right”… Things Can Go Wrong A recent story making the rounds is a perfect example of how this can play out in real life. According to NewsNation , well-known celebrity agent Ryan Serhant shared how a major deal nearly fell apart because both sides were turning to AI for guidance during negotiations. Basically, the seller asked if they were accepting too low of an offer, and AI confidently said yes. On the other hand, the buyer asked if they were paying too much. And, wouldn’t you know it, they were confidently told that they were in fact overpaying. That led to both sides wanting to cancel the contract. The agents involved were able to step in, help their respective clients understand the market data, and ultimately bring the parties back together to salvage the deal. And that’s becoming a more common role in today’s market. Agents are having to help people navigate situations where the challenge isn’t a lack of information… but rather being too certain about the information they are receiving. Very Few People Actually Trust AI, Yet Many Still Follow Its Advice A recent survey found that while only 16% of people say they trust AI “a great deal,” yet many still rely on its answers when making decisions. Even more interesting: 58% of people admit AI has influenced their opinions 32% don’t fully understand how it generates answers And despite all of these things, many people still rely on the confident-sounding answer from AI over a trusted, verified source That’s a tricky combination. Because if you don’t fully understand how something works, it becomes very hard to recognize when it might be wrong. And when the answer is delivered in a way that sounds authoritative, it’s easy to accept it at face value. AI Is the New Dad in the Room In a way, none of this is entirely new. Real estate agents have been navigating this dynamic for years, it just typically comes from different sources. For instance: The well-meaning buyer’s dad at the home inspection. A relative who “sold a lot of houses” in their life. (It was two. And they were in the 80s and 90s.) Their hair stylist who knows every house on the market in town. That’s just to name a few examples. There are plenty of other people with thoughts and opinions they want to share with someone who is in the middle of buying or selling a home. And, while they come in all shapes and sizes, the one thing they all have in common is that they are absolutely, 100% confident in the advice they give. Unfortunately, their perspective and advice is often wrong or outdated, which puts the agent in a tough spot because they have to gently untangle advice that sounds logical, but isn’t actually good advice. People are often speculating how many jobs AI will replace in the near future. Will it replace the well-meaning friend or family member soliciting advice to home buyers and sellers? Probably not. Most likely AI will just be added to the list of outside advice agents have to help their clients assess and decide whether it’s accurate or not. And that’s really what this all comes down to. By all means, use AI. Ask it questions. Get a feel for things. Explore different angles. And while you’re at it, hear out the thoughts and advice of friends, family, and even that random person who sounds incredibly confident in what they’re saying. There’s nothing wrong with gathering input. But at the end of the day, just make sure you have an agent you trust helping you weigh the confident-sounding advice… so you can make a confident decision of your own. The Takeaway: More and more people are turning to AI for advice, and when it comes to buying or selling a home, that’s no exception. It can be a helpful starting point, giving you a general understanding of the process and helping you feel more prepared. The challenge is that AI often delivers confident answers that can sound right… even when they don’t fully apply. That’s why having a trusted agent matters. Not just to provide information, but to help you interpret what you’re hearing from AI (or even a well-meaning friend or relative), filter out what doesn’t apply, and guide you toward decisions that actually work in your specific situation.

If Your House Isn’t Getting Offers, Read This.

By KCM • March 30, 2026

If Your House Isn’t Getting Offers, Read This. Online searches for “can’t sell house” just hit an all-time high according to Google Trends . So, if your house has been sitting on the market without any bites, you’re not the only one. But it's also not the end of the road. Homes are selling every day, so you can turn this around. You just need to take another look at your approach. If you’re feeling this pain, know this: an online search engine isn’t where you should go for your answers. It’s much better to talk to your agent. Because a search engine doesn’t know your market or your house. But your agent does. While a quick search or an AI platform may give you some tips on what to try, only an expert agent can actually diagnosis what’s going on – and how to fix it. For example, your agent knows most homes that struggle to sell today are usually being held back by one (or more) of these three things. 1. Presentation: Buyers Will Compare Everything When inventory was tight a few years ago, buyers overlooked imperfections because they had to, or they’d lose out to another bidder. Now? That’s no longer the case. Today’s buyers scroll through dozens of listings in just minutes. They compare condition, updates, lighting, finishes, layout, and more – all side by side. If your home feels dated, cluttered, or in need of repairs, buyers will notice and it’ll knock your house right off their list of contenders. This doesn’t mean you need a full renovation. But it does mean first impressions matter again. To compete today, you need curb appeal. Clean spaces. Neutral colors. Professional photos. If there are scuffs on the walls, obvious repairs, or too many outdated features, it could be what’s holding you back. 2. Pricing: If the Price Isn’t Compelling, It’s Not Selling This is maybe the hardest one to hear, but what your neighbor sold their house for a few years ago isn’t necessarily the same price you’ll get today. As Selma Hepp, Chief Economist at Cotality, says : “For sellers, the days of pricing aggressively and expecting instant offers are largely over. Homes that are well-priced and well-presented will still sell, but pricing discipline matters more than it did during boom years .” Buyers are budget-conscious right now. If your home is priced based on outdated expectations instead of current demand, buyers may still look at your house online… but they likely won’t write an offer. Or, they’ll make an offer that you think is too low. Pricing too high for this market is one of the top things sellers miss the mark on today. And those who aren’t willing to meet the market where it is or entertain offers may feel stuck. 3. Access: If Buyers Can’t See It, They Can’t Buy It It sounds obvious but limited showing availability can kill your momentum. If your house isn’t easy to see because you’re restricting showings to evenings only, no weekends, or requiring a 24-hour notice, you're cutting your buyer pool down by more than you may realize. And the more friction you create, the fewer buyers walk through the door. In a market where buyers have more options, the last thing you want to do is give them a reason to skip your house. Availability matters because if no one sees it, no one buys it. Don’t Let Search Results Decide Your Next Step When your house isn’t selling, it’s tempting to spiral and wonder if it’s the market or if something’s wrong with your house. But instead of searching for answers online, here's what to do. Sit down with your agent and ask three honest questions: What are buyers looking for in today’s market? What feedback are we getting from showings? Why do you think my house hasn’t sold yet? That conversation will bring a lot more clarity than any search engine results. Bottom Line If your listing feels stuck, it’s not a sign you shouldn’t sell. It’s the market giving you feedback. And feedback is powerful when you use it. Start with a real conversation with a real agent about what’s working and what’s not. Your agent will be able to tell you which small adjustments could totally change the momentum. Because in this market, the sellers who adapt are the ones who move.

Your Home May Be Part of the Great Wealth Transfer — But It Could Be Costly for Your Heirs

By Inner Circle (The Lighter side of Real Estate) • March 26, 2026

The oldest living generation today is often described as sitting on a tremendous amount of wealth. Much of it has been built slowly over decades, and a large portion of it is tied up in real estate — homes where decades of life took place — paid down slowly, maintained carefully, and held onto for years. Lately, there’s been a lot of talk about how that wealth will eventually be passed on to younger generations, and how it could dramatically change their lives. Some of the headlines make it sound as though heirs are simply waiting in the wings, ready to receive an inheritance and turn it into luxury purchases, second homes, or dramatic lifestyle upgrades. It can create the impression that the next generation is counting the days until they receive the wealth that took a lifetime to build, and the ways that it will be quickly spent. But in reality, that picture doesn’t reflect what many families actually experience. For many heirs, the wealth they inherit doesn’t arrive as money at all. It is often in the form of a home. And it usually takes time, effort, coordination, and decisions that aren’t simple to make, especially during an already emotional period before the house provides them with any form of money to spend on their own. Inheriting a Home Can Actually Be a Financial Burden When someone inherits a home, they haven’t inherited cash that can be used right away. They’ve inherited a property that comes with responsibilities, decisions, and ongoing costs. Even before anything can be sold, there are practical realities to manage. Property taxes still come due. Insurance needs to remain in place. Utilities, upkeep, and sometimes association fees don’t stop when they inherit the property. And if the home sits vacant, those expenses can actually increase, not decrease. There are often administrative steps to work through as well. Settling an estate, navigating probate timelines, coordinating paperwork, or addressing title issues can take longer than people expect or can easily manage. When multiple heirs are involved, decisions can become more complex, even when everyone has good intentions. All of this means there is often a long stretch between inheriting a home and being able to access any financial benefit from it. In fact, that in-between period can be especially challenging because it may also require them to spend their own time and money in order to maintain the property, at a moment when they are already dealing with loss and transition. The Money May Be Helpful… Just Not Life-Changing The phrase “generational wealth” can create unrealistic expectations. While some heirs do inherit properties worth millions, many inherit homes with far more modest equity — especially once mortgages, liens, repairs, and selling costs are factored in. For a lot of families, the proceeds from selling an inherited home won’t fund a luxury purchase or dramatically alter their lifestyle. Instead, it may: Pay down lingering debt Rebuild savings that were stretched thin Cover education expenses Serve as a long-awaited down payment on a home of their own Provide a financial buffer during uncertain times All of that is meaningful. But for most heirs, their inheritance is more about stability than it is an immediate path to a high-end lifestyle often imagined when people hear “generational wealth.” It Might Be Difficult to Talk About, But It’s Worth It Talking about what will happen to a home after someone passes can feel morbid, premature, or even unnecessary. Many homeowners plan to live in their home for the rest of their lives, and updating it or thinking about the future may not feel necessary. So if this isn’t an easy topic to bring up, that’s completely understandable. But avoiding the conversation doesn’t make the responsibilities disappear. It simply passes them along to your heirs, who must navigate decisions, logistics, and costs while also coping with loss. Thoughtful planning doesn’t have to mean selling early or making major changes. Often, it’s as simple as understanding the home’s condition, keeping records organized, knowing its likely market value, or having a clear sense of what will need to be done — and by whom — when the time comes. As difficult as it might be, the most meaningful thing you can do for yourself and your heirs is to start open conversations now and discuss how the house will eventually be handled. The Takeaway: Headlines about the “great generational wealth transfer” often make it sound like an entire generation is about to become extremely wealthy and start buying luxury real estate. Some heirs may use their inheritance that way. But for most, the reality is far less glamorous. Much of the inherited wealth comes in the form of real estate — homes that need upkeep, management, and careful decisions before any financial benefit can be realized. Proceeds from selling an inherited home can be meaningful (paying down debt, rebuilding savings, or helping with a down payment), but they rarely become a life-changing windfall. For most heirs, it’s about stability, not luxury. Open conversations and thoughtful planning now can help ensure that when the time comes, an inheritance provides support instead of unexpected financial or emotional stress.