Your heat goes out in January. You text your landlord. Two days pass, then three. You call and get voicemail. A week later you're still sleeping in a coat, your space heater running up your electric bill while the landlord hasn't returned a single message.
That situation is infuriating. It's also illegal. Nearly every state in the country recognizes what's called the implied warranty of habitability, a legal doctrine requiring landlords to maintain rental housing in a safe and livable condition. This warranty exists in every residential lease whether or not a word of it is written in your rental agreement. Landlords cannot contract around it, and tenants cannot sign it away.
About 60% of renters say they've dealt with at least one habitability problem in the last two years, from pest infestations and broken fixtures to failing heating and electrical systems. Most of them had more legal recourse than they realized. Here are 15 things your landlord is legally required to fix, along with what you can do when they won't.
Working heat
In almost every state, your landlord is required to provide a heating system that works. Most states require it to maintain a minimum indoor temperature of at least 68°F during daytime hours and around 62°F at night during the cold months of the year. A few states, including California, set the floor higher, requiring heating equipment capable of reaching 70°F. These are minimum legal thresholds, not targets, and they apply regardless of how old the building is.
The heating season generally runs from late September or October through April or May, though the exact dates vary by state. During that period, if the furnace breaks, the boiler fails, or a thermostat controlled by the landlord stops functioning, the landlord has to fix it. That's not optional, and it doesn't matter how expensive the repair turns out to be. Age is not a legal defense under the warranty of habitability.
Heat failures are treated as emergency repairs in most states, meaning the landlord typically has 24 to 72 hours to respond and begin addressing the problem, not the 30 days allowed for non-urgent issues. Every day without heat in winter builds the documentation you'll need if you decide to take formal action. Keep a dated log of every text, call, and email, and take photos of any space heaters or other workarounds you've had to use.
Hot and cold running water
Every rental unit must have consistent access to both hot and cold running water. That means working faucets in the kitchen and bathroom, a functioning toilet, and a working shower or tub. If any of these fail because of a building plumbing problem, the landlord is required to restore service. A building that runs out of hot water for days because the water heater broke is a building where the landlord is in violation of their legal obligations.
Hot water comes with a temperature requirement in most states: 120°F at the tap is the most common minimum. That threshold isn't just about comfort. Water temperatures below 120°F allow certain bacteria to survive and multiply in pipes, which is a genuine health concern. If your landlord controls a central water heater and the water consistently runs cold, fixing it is their legal responsibility, not yours.
Cold water interruptions are treated the same way. If the water gets shut off because the landlord failed to pay the building's utility bill, or because a pipe break sat unrepaired for days, you have a legitimate habitability claim. Temporary shutoffs for emergency repairs are acceptable when the landlord gives advance notice. Multi-day outages with no explanation, or water cut off in apparent retaliation for complaints, are violations that can form the basis of legal action.
Working plumbing and sewage systems
Landlords are required to keep all plumbing in functional condition. That includes the pipes inside walls, the drain system, the sewage connection, and every fixture that connects to it. A clogged drain that gets reported and ignored is a habitability issue. A sewage backup is a full emergency. Raw sewage inside a living space is a direct biohazard, and courts consistently treat it as one of the most serious habitability violations a landlord can allow to persist.
If the toilet won't flush because of a structural problem with the building's pipes, if a drain backs up into the shower repeatedly, or if there's a pipe leak inside the wall that the landlord won't investigate, all of that falls on them. The same goes for broken water supply lines, failed valves, or any plumbing defect that existed before you moved in and that the landlord was aware of. If you discovered a problem at move-in, put it in writing immediately.
Repair timelines depend on severity. Most states expect sewage backups and complete plumbing failures to be addressed within 24 to 72 hours. Non-emergency issues that still affect habitability, like a consistently slow drain or a running toilet, usually need to be addressed within 14 to 30 days of written notice, depending on the state. The key in every case is that you've notified the landlord in writing and given them a reasonable opportunity to respond.
Safe electrical systems
Faulty electrical wiring is easy to dismiss until it starts a fire. Landlords are required to maintain all electrical systems in safe, functional condition, covering outlets, light fixtures, circuit breakers, the electrical panel itself, and all wiring behind them. That means no exposed wires, no outlets that spark when you plug something in, no breakers that trip constantly under normal household loads, and no wiring so outdated it poses a fire risk.
Electrical problems rank among the most commonly reported habitability issues in rental housing nationwide, and they're also among the most dangerous. The difference between a dead outlet and a fire hazard can be invisible from the outside. Flickering lights throughout the unit, outlets that feel warm to the touch, a burning smell near the panel, or lights that dim noticeably when a large appliance turns on are all warning signs that something is wrong beyond a simple bulb replacement.
If you see burn marks around an outlet or smell burning near the electrical panel, document it in writing to your landlord immediately and photograph everything. Electrical problems can exist inside walls for months before producing visible consequences. The landlord is required to have the issue professionally assessed, and if it's a hazard, to fix it without delay. Telling a tenant to unplug things as a workaround is not a repair.
A structurally sound roof and walls
The structural shell of the building is entirely the landlord's responsibility: roof, exterior walls, floors, foundation. These have to be sound and weathertight. A roof that leaks during rain, walls with gaps letting cold air or water in, a floor showing signs of structural failure, a foundation crack causing the building to shift, all of these are habitability violations, regardless of how old the property is or what the lease says.
Water intrusion through the roof or walls is one of the more common problems in older rental buildings, and one of the most damaging if it goes unaddressed. A small drip that gets ignored saturates insulation, rots structural wood, and creates the conditions for mold to grow. The landlord's obligation isn't just to patch the immediate leak. They're required to repair the cause and address any secondary damage the water created behind it.
Structural problems that pose an immediate safety risk, like a ceiling that's sagging and in danger of collapse or a load-bearing wall showing signs of failure, are treated as emergency-level repairs in most states. Cosmetic issues, like a small crack in drywall or scuffed paint, don't meet the habitability threshold. The standard is about structural integrity and safety, not appearance. If you have any doubt about whether something is a cosmetic issue or a structural one, contact your local building inspector and let them make that call.
Pest and rodent control
In multi-unit buildings, pest and rodent control is almost universally the landlord's legal responsibility. The logic is structural: in an apartment building, infestations don't start with individual tenants. Mice and roaches travel through shared walls, pipes, electrical conduit, and common areas. A tenant can keep a spotless unit and still wind up with rats because there's a gap behind the dishwasher where the building's walls were never properly sealed.
Pests that qualify as habitability violations include rodents, cockroaches, bedbugs, and wood-boring insects that can damage structural elements. The landlord is required to hire a licensed exterminator and, more importantly, to fix whatever structural gap or defect allowed the infestation to enter in the first place. Baiting a trap without sealing the entry point is not a compliant repair. If the infestation comes back after treatment because the landlord never addressed the source, that's on them.
The rules shift somewhat in single-family rental homes. In some states, tenants in stand-alone houses bear more responsibility for pest control, unless they can show the infestation was present at move-in or resulted from a structural condition the landlord failed to address. If you're in a single-family rental and discover pests before or shortly after move-in, document it in writing immediately. That record establishes that the problem predates your tenancy, which matters a great deal if there's a dispute later.
Mold and water damage
Mold is both a habitability problem and a health issue, and landlords are required to address it. Many states specifically identify visible mold as a habitability violation. What the law requires isn't just mold removal; it's fixing the underlying source of moisture that allowed the mold to grow in the first place. Scrubbing visible mold off a bathroom ceiling without repairing the ventilation problem or the leak that caused it is not a compliant repair.
Health effects from mold exposure range from respiratory irritation and allergy symptoms to more serious problems in people with asthma, compromised immune systems, or young children in the household. Any significant mold growth in a living space is a concern the landlord needs to take seriously, and courts in many states have found that significant mold infestations render a unit uninhabitable.
Tenants have a role in this too. If you notice a leak, a wet spot on a ceiling or wall, or excessive condensation that lingers, report it in writing right away. Mold that grows because you ignored a leak you knew about may shift some responsibility back to you. Mold that grows because the landlord ignored your written repair request is entirely their problem, and in many states they can be held liable for health costs that result. Keep every written request you send about moisture or water damage, with dates.
Smoke detectors
Landlords are required to provide and install working smoke detectors in rental units. The exact placement requirements vary by state and local code, but most jurisdictions require at least one detector per floor, placed near sleeping areas. At the time you move in, the detectors have to be functional. This is a condition of the rental being habitable, not a courtesy.
Once you're in the unit, the responsibility splits. In most states, maintaining the detectors becomes the tenant's job, which means replacing batteries when they die and not removing or disabling them. If a detector is hardwired into the electrical system and it stops working, that's typically the landlord's responsibility to fix. Battery-operated detectors that fail because a battery wasn't replaced are more likely to be treated as the tenant's responsibility.
If the smoke detector becomes completely non-functional through no action of yours, or if it's missing from the unit entirely, the landlord is required to address it. That's not just a lease question; it's a building code violation. A landlord who refuses to install required smoke detectors or replace a broken one is exposing themselves to significant legal liability. If yours is in that situation, report it directly to your local code enforcement office, not just to the landlord. Code enforcement can compel action on a timeline that the landlord doesn't get to negotiate.
Carbon monoxide detectors
Carbon monoxide is colorless and odorless, and it kills. Landlords in most states are now required to install carbon monoxide detectors in residential units, particularly those with gas appliances, attached garages, or fuel-burning heating systems. Federal law doesn't mandate CO detectors in all rentals, but state and local laws have expanded rapidly over the past decade, and coverage is now close to universal across major metro areas.
The requirement typically calls for at least one detector per unit, often with specific placement rules: within a defined distance of each sleeping area and on every level of the home. If your unit has a gas furnace, a gas stove, or an attached garage, and there's no CO detector, that's something the landlord is required to correct. The risk is not theoretical. Carbon monoxide poisoning from faulty furnaces and gas appliances is a documented cause of death in rental housing every year.
The same split responsibility that applies to smoke detectors generally applies here: the landlord installs, the tenant maintains batteries in battery-operated units. But the landlord is also responsible for maintaining the appliances and systems that generate the risk in the first place, specifically the furnace, water heater, and any gas appliances they supply as part of the lease. A CO alarm sounding off isn't just a detector problem; it means something in the unit is producing dangerous levels of the gas. That requires a professional assessment of the appliances, not just a reset of the alarm.
Locks on exterior doors and windows
Security is part of habitability. Landlords are required to provide working locks on all exterior doors and windows. That typically means a deadbolt on the main entry door and functional latches or locks on ground-floor windows. When you move in, the landlord is also generally required to change or rekey the locks so that no previous tenant can still access your unit. If they don't do this and don't offer to, ask in writing.
A door lock that fails, a deadbolt that won't engage, or an exterior door that won't close and latch properly is a habitability violation. This isn't a minor convenience issue. A unit that can't be secured puts the tenant's physical safety at risk, and courts treat that seriously. If you report a broken lock and the landlord drags their feet, you're dealing with a situation that has genuine legal weight.
The same applies to broken windows on accessible floors and any other entry point that could be reached from outside. If the building has a secured entry system that was presented as a feature of the unit and it stops working, that may also fall under the landlord's repair obligation depending on how it was represented in the lease or at signing. In any situation involving broken exterior security, document your requests in writing, follow up promptly, and don't let a landlord treat it as low priority. It isn't.
Lead paint hazards in older buildings
If you live in a building constructed before 1978, federal law requires the landlord to disclose any known lead-based paint hazards before you sign a lease. This is a mandatory disclosure rule under the Residential Lead-Based Paint Hazard Reduction Act, applying to most pre-1978 private, public, and federally assisted housing. The landlord must provide a specific disclosure form, a lead warning statement, and a federally approved pamphlet on protecting your family from lead hazards. Skipping this is a federal violation, not just a lease issue.
Beyond disclosure, many states require landlords to actually remediate lead paint hazards, especially when children under six are living in the unit. Intact lead paint in good condition is generally considered lower risk. Lead paint that's peeling, chipping, or deteriorating creates dust that children can ingest, and that's where the serious health consequences, including developmental damage and permanent neurological harm, begin.
If you didn't receive lead paint disclosures when you signed a lease on pre-1978 housing, that's a federal violation you can report to the EPA directly. Penalties for landlords who skip the disclosure requirement can be substantial. If you're in a pre-1978 building with young children and you've seen deteriorating paint, put a repair request in writing and specify the location. This is one area where the federal enforcement mechanism gives you an avenue that goes above and beyond the typical landlord-tenant dispute process.
Safe hallways, stairways, and common areas
The warranty of habitability doesn't stop at your apartment door. Landlords are required to maintain all common areas in a safe condition, including hallways, stairways, lobbies, laundry rooms, parking areas, and shared outdoor spaces. These areas have to be structurally sound, reasonably clean, and adequately lit. A stairway with a broken handrail is a hazard. A hallway with no functioning light creates a real safety risk, especially for older tenants or anyone with limited mobility.
A lobby door that won't lock properly, a parking lot with pavement so damaged that people trip and fall, a shared laundry room where the floor drain has been backing up for months, all of these are habitability issues the landlord is responsible for fixing. The obligation to maintain common areas applies even if you personally don't use that part of the building regularly. It affects other tenants, and it can affect your access to your unit.
Common area violations often overlap with building code requirements, which gives you an additional reporting path. If the stairway handrail is broken, that's likely a code violation as well as a habitability issue. Reporting it to your local building inspector, not just the landlord, can trigger an official citation that compels repair on a fixed timeline. Inspectors have real authority to issue violations and hold landlords accountable in ways that individual tenants often can't on their own.
Garbage facilities and sanitation
In most jurisdictions, landlords in multi-unit buildings are required to provide adequate garbage receptacles and arrange for regular trash collection. If the building's garbage system breaks down, whether through overflowing dumpsters, trash rooms that never get emptied, or a collection service that's been suspended because the landlord didn't pay, that's a sanitation problem the landlord has to fix.
This matters for habitability beyond the obvious quality-of-life issues. Garbage that accumulates in or around a building creates conditions for pests to move in. Roaches and rodents follow food sources. A landlord who lets the garbage situation deteriorate isn't just creating an unpleasant environment; they're setting up the conditions for a pest infestation they'll then be legally required to treat. The two problems are connected.
In single-family rentals, responsibility is often handled differently. Tenants in stand-alone houses typically bear more responsibility for arranging trash collection and keeping the exterior tidy, unless the lease specifies otherwise. In multi-unit buildings, the shared garbage infrastructure is treated like any other building system the landlord is responsible for maintaining. If you're in an apartment building and the trash situation has gotten out of hand despite your requests, a complaint to your local health department can move things faster than another message to an unresponsive landlord.
Appliances listed in your lease
Landlords aren't generally required to provide appliances. A refrigerator, stove, dishwasher, or washer and dryer are extras, not legal requirements. But if those appliances are explicitly listed in your lease or rental agreement, that changes the equation entirely. Appliances that are part of the rental become the landlord's responsibility to maintain in working order for the duration of your tenancy.
If the refrigerator that was present and functioning when you signed the lease breaks down, the landlord is expected to repair or replace it. The same applies to a stove included in the unit, a built-in dishwasher, or a washer and dryer described as unit amenities. The landlord can't let included appliances fail and refuse to address it on the grounds that appliances aren't their problem. If it's in the lease, it's their problem.
What the landlord doesn't have to maintain is anything you brought yourself, or any appliance not mentioned anywhere in the lease or rental agreement. If you moved in your own portable dishwasher and it breaks, that's yours to handle. The dividing line is the lease. Before you sign any agreement that lists appliances as included, document the condition of each one with photos and note anything already showing wear. If an appliance is already marginal at move-in, that record becomes important if there's a dispute about responsibility later.
Air conditioning where it's legally required or provided
Air conditioning doesn't have the same universal legal standing that heat does. Heat is required by law in every state. Cooling is required only in certain states. Arizona and parts of Texas have regulations requiring landlords in extreme heat to maintain air conditioning or limit indoor temperatures. In Phoenix, if the AC fails in August, the landlord has a legal obligation to fix it.
The more common scenario where the landlord is legally on the hook is when air conditioning is listed in your lease or was a stated feature of the unit. If you signed a lease specifically because the unit has central AC, and the system fails during summer, the landlord has to fix it, even in states where they wouldn't otherwise be required to provide cooling at all. The presence of AC in the lease is what creates the obligation, not a blanket state requirement.
Where things get murkier is in states without specific cooling laws, where AC isn't mentioned in the lease but is physically present in the unit. Some courts have found that when a landlord provides air conditioning as part of a rental and a tenant reasonably relies on it, it becomes part of the habitability obligation. That's not settled law in every state, but it's a direction courts have moved in as extreme summer heat has become a more serious public health issue. If the landlord provided AC and it fails mid-summer, raise it formally in writing before assuming you have no recourse.
What to do when your landlord won't make repairs
Every effective strategy for getting repairs done starts with documentation. A verbal request creates no legal record. A written request, sent by email, text message, or certified mail, and saved with a date, creates the paper trail that protects you if the dispute escalates. Be specific about the problem, when you first noticed it, and what you're asking the landlord to do. If you've already made verbal requests, reference them by date in your written notice.
If the landlord ignores a written request, the next step is contacting your local building or housing code enforcement office. Most cities and counties have inspectors who respond to habitability complaints, inspect the property, and can issue citations requiring repairs on a specific timeline. An official code violation on record significantly strengthens your position if the dispute ends up in court or before a housing authority. Your state's tenant rights agency can point you to local enforcement contacts, housing inspectors, and attorney general resources that handle landlord-tenant disputes.
Beyond code enforcement, most states give tenants direct legal remedies. The repair-and-deduct option, available in most states, allows you to hire someone to fix a habitability problem yourself and deduct a reasonable cost from your next rent payment, subject to limits set by state law (often one month's rent, twice per year). You typically need to have given the landlord written notice and a reasonable window to respond before using this remedy.
Rent withholding is more aggressive and more risky. It means stopping or reducing rent payments until the landlord makes required repairs. Some states require you to deposit withheld rent into an escrow account rather than simply keep it. Done without following proper legal procedures, rent withholding can expose you to eviction even when the landlord is clearly in the wrong. If you're considering it, a tenant rights organization or legal aid office can help you understand the specific requirements in your state before you act.
If the unit becomes uninhabitable and the landlord refuses to fix it, many states allow what's called constructive eviction: you may be able to break your lease and move out without owing further rent, on the grounds that the landlord's failure to maintain habitable conditions effectively forced you out. This requires documentation, proper written notice, and ideally legal advice before you take that step. Going in without preparation can cost you more than it saves.
Bottom line
Before you assume a lease clause limits your rights, check your state law. Provisions that say “tenant accepts unit as-is” or “landlord is not responsible for maintenance” are unenforceable in almost every state. Courts have consistently held that landlords cannot waive the implied warranty of habitability through lease language, no matter what both parties agreed to in writing. If you signed a lease with that kind of clause, you still have the same habitability rights as every other tenant.
