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

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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By The Lighter Side of Real Estate September 1, 2026
Every year, on the third Saturday of July, millions of people celebrate National Toss Away the “Could Haves” and “Should Haves” Day. OK… maybe not millions. But somebody probably does! While it’s not exactly the kind of holiday most people mark on their calendars, it’s built around an idea that’s surprisingly relatable. We all have moments we wish we could do over. Maybe you could have invested in a company before its stock took off. Maybe you should have kept that classic car instead of selling it years ago. Maybe you could have taken that job, started that business, or simply made a different decision somewhere along the way. Real estate has no shortage of “could haves” and “should haves,” either. In fact, one that’s been floating around quite a bit lately sounds something like this: “Maybe I should have sold my house a few years ago.” “Maybe I’ll just wait until the market gets better…” If you’ve been paying attention to the housing market lately, you may have noticed that some homeowners are putting their houses up for sale… and then deciding to take them back off the market. According to recent data , delistings have been on the rise as more sellers decide they’d rather wait than accept a market that isn’t quite living up to their expectations. In fact, they’re delisting at the highest rate since 2020, right around the time the pandemic began. When you think about it, it’s not hard to understand why. For several years, many sellers got used to homes selling almost immediately, multiple offers arriving within days, buyers waiving contingencies, and offers coming in above asking price. But, as real estate markets tend to do, they’ve changed in many areas. Depending on where you live, and the price range your home is in, buyers may have more choices than they’ve had in years. They may take longer to make a decision. They’re more likely to ask for inspections, repairs, seller concessions, or simply negotiate harder than they would have a few years ago. For some homeowners, that shift is frustrating enough to make them think… “Maybe I’ll just wait until the market gets better.” And for some people, that may absolutely be the right decision. Two Thoughts That Are Closer Than They Appear What’s interesting is that the two thoughts we’ve been talking about are actually pretty close cousins. “Maybe I should have sold my house a few years ago.” “Maybe I’ll just wait until the market gets better.” One is based on wishing you could go back and capitalize on yesterday’s market. The other is based on hoping you’ll recognize the right time to capitalize on tomorrow’s. They’re both completely understandable. In fact, they’re probably thoughts just about everyone has had at one point or another—not just in real estate, but in life. The catch is that neither one is particularly helpful when you’re trying to decide what to do today. After all, you can’t sell your house three years ago. And no one—not even the smartest economists—knows exactly what the housing market is going to look like three years from now. Or any other number of years for that matter. You can only make decisions based on what the market is currently doing. The Problem With Using Extraordinary as Your Baseline It’s also worth remembering that today’s market isn’t necessarily a bad market for sellers. In many parts of the country, home prices are still historically strong. In fact, if you ask many buyers how they feel about today’s market, there’s a good chance they’ll tell you homes are still too expensive and affordability remains one of their biggest challenges. What’s changed isn’t necessarily that sellers have lost all of their leverage. It’s that many of them have lost the extraordinary leverage they enjoyed just a few years ago. But now your home may take a little longer to sell. You might not have quite as many showings. Your buyer may ask for repairs or seller concessions that would have been laughed off during the frenzy of the pandemic market. None of those things necessarily mean it’s a bad time to sell. They may simply mean the market has become a little more… normal. And normal can feel disappointing when you’re comparing it to one of the strongest seller’s markets in modern history. Every Market Creates a Few “Should Haves” One of the interesting things about real estate is that every market eventually becomes the one somebody wishes they’d taken advantage of. Looking back, it’s easy to find a market where you wish you had bought, sold, or invested. The challenge, of course, is that nobody knows which market people will be saying that about until years later. Will some homeowners who decide to wait ultimately be glad they did? Absolutely. Every seller’s situation is different, and for some, waiting may prove to be exactly the right decision. But chances are, this market will also become one that at least some homeowners eventually look back on and say, “I probably should have sold then.” The only problem is that none of us knows which market that will be until we’re looking at it in the rearview mirror. That’s why “could haves” and “should haves” usually aren’t the best guide when making real estate decisions. They only show up after the fact. If you’re debating whether to sell now, wait a while, or even relist a home you recently took off the market, one of the smartest things you can do is have a conversation with a knowledgeable real estate agent. They can help you evaluate your local market, your personal situation, and your long-term goals so your decision is based on today’s realities—not yesterday’s regrets or tomorrow’s unknowns. And if nothing else, perhaps National Toss Away the “Could Haves” and “Should Haves” Day is a good reminder that yesterday’s market is gone, tomorrow’s market hasn’t arrived, and today’s market is the only one any of us actually gets to make decisions in.
By KCM August 30, 2026
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By KCM August 27, 2026
Home Price Growth Slowed Down. That May Be Changing. After more than a year of headlines talking about how home prices are going to crash , the latest data shows that price growth may be starting to pick back up again. And depending on whether you’re buying or selling, that shift means something different for you. The Numbers May Be Starting To Turn For the past couple of years, home price growth has been moderating – cooling from around 7% in mid-2024, according to Redfin (see graph below). But look at the right side of that graph. The pace of that growth appears to have hit its low point and started to turn. While a couple months of data doesn’t necessarily mean this will be a lasting trend, there are some other signs that this could continue. For example, fewer markets are seeing prices decline. According to ResiClub and Zillow, about 36% of the 300 largest housing markets had falling prices as of the middle of last year. Since the start of this year, that share has been shrinking. Now? Only 23% are experiencing those mild dips (see graph below): When fewer markets see prices falling, that means more markets are seeing prices rise again. And forecasts suggest this shift has room to run. On average, experts project home prices will rise about 2.3% nationally this year. And for that to happen, price growth would have to pick up a bit in the second half of 2026. But Remember, Real Estate Is Local While it looks like national prices may be starting to pick back up a tiny bit, that doesn’t mean that’s what’s happening in your neighborhood. National home prices are really just an average of hundreds of local markets. Some are climbing faster. Others are still cooling. But one reason the national average may be looking up is because a growing number of metros may actually be net positive for prices this year. Not long ago, the major metros were split about 50/50 – half seeing prices rise and half seeing them fall. Now, that balance looks like it’s starting to tip in a more positive direction. Just last month, more than half of the major metros saw prices go up, according to Redfin (see graph below): As Selma Hepp, Chief Economist at Cotality, explains : “. . . local markets continue to tell very different stories. Annual home price growth has changed little since the start of the year, but some markets, especially those supported by strong job and income growth in the West and more affordable Midwest markets, have seen notable acceleration in price gains.” What This Means for You Home price headlines can be confusing because they don’t always tell the full picture. Lean on an agent to understand what’s happening in your local market and what the early signs say for where prices may go from here. That’s the best way to stay one step ahead of the market. If you're buying: slower price growth has worked in your favor. You've had more room to negotiate and a budget you could plan around. If price growth is picking up in your area, buying now may mean paying less than you would later this year. If you own a home: you've been gaining equity all along, even while growth moderated. If growth keeps picking up, those gains could speed up, too. Lawrence Yun, Chief Economist at the National Association of Realtors (NAR), projects the typical homeowner will gain roughly $16,000 in housing wealth this year. And if you're thinking about selling, this shift is a good early sign for you. Just remember, the market is still pretty balanced and buyer-friendly in a lot of areas right now. Home price growth slowed way down, and now it's showing early signs of picking back up. Whether you're buying or selling, let's connect so you can see exactly what prices are doing in our local market and what that means for your plans. Bottom Line Home price growth slowed way down, and now it's showing early signs of picking back up. Whether you're buying or selling, let's connect so you can see exactly what prices are doing in our local market and what that means for your plans.
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