Tenant Rights to a Livable Place

Almost every state's laws entitle tenants to a safe and livable housing, regard­less of how much rent the tenant pays. Livable housing means that the rental meets basic requirements, such as:

• a roof that keeps out rain and snow
• sufficient hot water
• reliable heat
• sturdy floors and walls that aren't in danger of imminent collapse
• no significant danger from environmental hazards such as lead, asbestos, and mold, and
• reasonable protection from criminal intrusion.

The technical legal term for a tenant's right to a livable rental is the "implied warranty of habit­ability." The term comes from the idea that landlords promise tenants a livable place simply by offering the property for rent—the promise does not have to be written in a lease or otherwise formally agreed upon.

The Implied Warranty of Habitability

All states but one (Arkansas) recognize the implied warranty of habitability, either by decision from their highest court or by statute. (And, even in Arkansas, some cities and counties have enacted ordinances that come close to establishing the same standards.)

So what does it mean to say that landlords must provide habitable rentals? Some laws lay out specific requirements, while others leave it up to interpretation. In most places, landlords are responsible for:

• keeping basic structural elements of the building, including floors, stairs, walls, and roofs, safe and intact 

• maintaining all common areas, such as hallways and stairways, in a safe and clean condition

• keeping electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems and elevators operating safely

• supplying cold and hot water and heat in reasonable amounts at reasonable times

• keeping known environmental hazards such as lead paint dust and asbestos from posing a significant danger

• taking reasonable measures to prevent foreseeable criminal intrusions, and

• exterminating rodents and other vermin.


A Tenant's Right to a Livable Place Is Not Waivable

The right of a tenant to force a landlord to maintain a livable rental is not waivable. For example, landlords cannot shrug off their habitability responsibilities in a "disclaimer" when the tenancy begins. Similarly, courts won't uphold any agreements between landlords and tenants to waive the warranty (when a landlord offers lower rent in exchange for a tenant's waiver, for example).

How Do You Know When a Landlord Has Breached the Implied Warranty of Habitability?

A landlord breaches the implied warranty of habitability when, because of the landlord's inattention or negligence, a problem arises that would cause a reasonable tenant to be concerned for their health or safety.

Example: The heat is not turning on in a tenant's apartment. It turns out that the problem can be remedied by a $50 furnace part. Even though the problem can be easily and inexpensively fixed, the problem is a major habitability issue because an unheated home is unlivable.

Minor, cosmetic damage

Minor or cosmetic damage that does not affect health or safety does not constitute a breach of the implied warranty of habitability. A minor repair can be annoying, limiting, or distasteful (and it can even be expensive to remedy)—but it doesn't seriously endanger the health or safety of a reasonable tenant or make a rental uninhabitable.

Example: The heater in a tenant's apartment clanks loudly every time it turns on—so much so that it wakes the tenant up. To stop the clanking, the landlord would have to replace the entire heating unit. This is not a habitability issue—the heat still works—nor is it considered a major repair, even though it would be expensive to fix.

Often the line between major and minor isn't clear. To better place a problem in the right category, look at the source of the implied warranty—a state statute, a local ordinance, or, in some states, a court decision. Some of these laws might contain specific guidelines (such as a minimum hot water temperature) that must be met under the implied warranty.

The chart below gives more examples of habitability problems versus minor repair problems. 


Tenant Options When a Landlord Breaches the Implied Warranty of Habitability

When landlords refuse to provide livable housing that meets minimum requirements, tenants can take action to enforce the implied warranty of habitability. Although state laws vary, many allow tenants to:

• withhold rent

• pay for repairs themselves and deduct the cost from their rent

• sue the landlord, or 

• move out without notice (break the lease) and without liability for future rent.

You should never take any of these self-help remedies against your landlord without first checking to see if they are legal where you live. That's because if you withhold rent, for example, in an area where this is not a recognized tenant remedy, your landlord could terminate your tenancy—and ultimately evict you—for breaching your lease's requirement that you pay rent. Your state's rules are listed in Nolo's chart State Laws on Rent Withholding and Repair and Deduct Remedies.