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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3 Things That Are Not Going To Happen in Today's Housing Market

By KCM • May 17, 2026

3 Things That Are Not Going To Happen in Today's Housing Market There’s a lot of uncertainty right now and that’s leading to some dramatic headlines. And if you’re thinking about buying a home, that can make you feel a little less sure about your decision. A recent study by CNBC asked homebuyers what they’re most worried about, and three themes kept coming up again and again: Mortgage rates The number of homes for sale Home prices But a lot of what you may be hearing on those is based more on misconceptions. Not facts. So, let’s break it down and separate fact from fiction. Misconception #1: “I’ll Just Wait, Because Mortgage Rates Are Going To Fall Dramatically” One idea doing its rounds on social is that mortgage rates are going to drop dramatically soon. So, it’s better to wait to buy. But is that really what’s expected? While mortgage rates have come down a bit in the last few weeks, forecasts don’t show a major drop ahead. The most likely scenario is that rates stay somewhere in the low 6% range this year. And that’s not a big change from where rates are now (see graph below): Of course, this depends on where inflation and the economy go from here. But, based on what we know today, waiting for a big drop in rates may not work out the way some people hope. As U.S. News explains: “Mortgage rates aren't expected to change much over the next several quarters . . .” Not to mention, even with rates where they are today, it’s already more affordable than a year ago. So, even if they don’t change much, it’s still better than it was. Misconception #2: "There Are Too Many Homes for Sale Right Now” You’ve probably heard inventory is up. And nationally, it is. The number of homes for sale is 8% higher than this time last year. But that's not a bad thing. In fact, it’s one of the reasons buyers have a bit more breathing room right now. The problem is the headlines are making something good, sound bad. They’re focusing on how this is the most inventory we’ve had since 2019 or how many homes builders are building. And that can make it sound like the number of homes for sale is rising too far, too fast. But that’s not what the bigger picture shows. Data from Realtor.com proves that, even though inventory is up compared to last year, it’s still nearly 14% lower than it was during the last normal housing market (2017-2019): While it can vary a lot based on where you live, only 9 states have more inventory than pre-pandemic today. That’s a key reason why there still aren’t enough homes for sale to trigger something like the crash back in 2008. Misconception #3: “Home Prices Are About To Crash” You’ve probably seen this one, too. The confusion is coming from the fact that some metros are experiencing slight price declines. And influencers are running with that and saying prices are crashing. But that’s not the reality. Most areas are seeing prices rise, not fall. And that’s because: Many homeowners aren’t selling because they don’t want to give up the low mortgage rate they locked in a few years ago. And that’s keeping a lid on how much inventory can grow. Since inventory is still below pre-pandemic norms, there aren’t enough homes for sale to cause a price crash. And even in markets with more inventory, some sellers are choosing to pull their homes off the market instead of cutting prices. And those are 3 big reasons prices aren’t headed for a crash. And even in the markets experiencing mild declines , the drops aren’t enough to cancel out the big gains most homeowners have seen in the last 5 years (see graph below): That’s not a crash. That’s just prices moderating after a few record-breaking years. Bottom Line Online posts are going to make things sound worse than they are. If you want a true, data-bound look at what’s really happening in today’s market, lean on a real estate agent. Let’s connect so you have someone to separate fact from fiction today.

More Options Are Popping Up This Spring

By KCM • May 15, 2026

More Options Are Popping Up This Spring Did you try to buy a home last year, but you ended up pressing pause? Maybe you couldn’t find a home that really fit your needs. Or maybe the ones you liked just weren’t affordable. According to a recent survey from NerdWallet, those were the top two reasons buyers gave up on their search in 2025. But this Spring, there's one trend that could help fix both of those frustration points: more homes are hitting the market. The Number of Fresh Listings Is Almost 2x Higher Than a Few Months Ago Data from Realtor.com shows there are nearly 2x as many new listings hitting the market today as there were just 3 months ago. Those are homes the seller just put up for sale ( see graph below): That’s a significant rise. And while we usually see an uptick as we head into the busiest time of the year, this increase was bigger than normal. Jake Krimmel, Senior Economist at Realtor.com, explains : “ New listings jumped 21.2% from February to 439,000, a larger-than-typical seasonal surge . . . March typically sees the biggest month-over-month jump in new listings of the entire buying season, averaging an 18% increase since 2017; this year it exceeded 20%.” That means more sellers are jumping back into the market, and that’s giving buyers more fresh options to choose from. So, if you’d felt like you’d seen everything out there and still nothing was quite right, this may be your moment. With that many “just listed” homes, one of them could be exactly what you’ve been searching for. Where You Have More Options And this trend is happening across most of the country, so you should have more options pretty much whereever you are. Earlier this year, the Northeast had fewer new listings because winter storms delayed sellers from putting their homes on the market. But now, that region is catching up fast. In March, new listings jumped across nearly every state, especially in the Northeast, helping drive a strong national rebound. What Rising Inventory Means for You Right now, there are almost a million homes for sale nationwide. That’s up over 8% compared to last year. With that many homes on the market, there’s a much better chance something will fit what you’re looking for, especially with so many fresh options being added right now. As Odeta Kushi, Deputy Chief Economist at First American, explains : “One of the most encouraging signals heading into the spring home-buying season is the improvement in for-sale inventory levels compared with last year. . . More homes on the market give buyers greater choice and, combined with improved buying power, expand the range of homes they can realistically consider. ” In other words, your search may feel very different this year. Bottom Line More fresh listings are hitting the market right now, and that’s creating real opportunity. If you put your search on hold last year, this Spring may be the time to jump back in. Let’s take a look at what just hit the market and see what could work for you.

The 10 Best Markets for First-Time Buyers This Spring

By KCM • May 14, 2026

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