| |
ALABAMA |
Citation |
Code of Ala, §35-9A-204, §35-9A-401 |
Highlights |
Landlord must:
· comply with all housing codes affecting
health and safety
· make all repairs and do whatever is
necessary to put and keep the premises in a habitable
condition
· keep all common areas of the premises in
a clean and safe condition
· maintain in good and safe working order
and condition all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning, and other
facilities and appliances, including elevators, supplied
or required to be supplied by the landlord
· provide and maintain appropriate
receptacles and conveniences for the removal of garbage,
rubbish, and other waste incidental to the occupancy of
the dwelling unit and arrange for their removal
· supply running water and reasonable
amounts of hot water at all times and reasonable heat
except where the building that includes the dwelling
unit is not required by law to be equipped for that
purpose, or the dwelling unit is so constructed that
heat or hot water is generated by an installation within
the exclusive control of the tenant and supplied by a
direct public utility connection |
Remedy |
In the event of breach materially
affecting health and safety, the tenant may deliver a
written notice to the landlord specifying the acts and
omissions constituting the breach and that the rental
agreement will terminate upon a date not less than 14
days after receipt of the notice if the breach is not
remedied within that period, and the rental agreement
shall terminate as provided in the notice. Tenant may
also sue for damages and injunction. |
Publication |
Alabama Uniform Residential Landlord and
Tenant Act: How Is It Working? |
ALASKA |
Citation |
Alaska Statutes §34.03.100, §34.03.160 |
Highlights |
Landlord must:
· make all repairs and do whatever is
necessary to put and keep the premises in a fit and
habitable condition
· keep all common areas of the premises in
a clean and safe condition
· maintain in good and safe working order
and condition all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning, kitchen, and
other facilities and appliances, including elevators,
supplied or required to be supplied by the landlord
· provide and maintain appropriate
receptacles and conveniences for the removal of ashes,
garbage, rubbish, and other waste incidental to the
occupancy of the dwelling unit and arrange for their
removal
· supply running water and reasonable
amounts of hot water and heat at all times, insofar as
energy conditions permit, except where the building that
includes the dwelling unit is so constructed that heat
or hot water is generated by an installation within the
exclusive control of the tenant and supplied by a direct
public utility connection
· if requested by the tenant, provide and
maintain locks and furnish keys reasonably adequate to
ensure safety to the tenant's person and property
· provide smoke detection devices and
carbon monoxide detection devices as required under AS 18.70.095 |
Remedy for breach |
Except as provided in this chapter, if
there is a material noncompliance by the landlord with
the rental agreement or a noncompliance with AS
34.03.100 materially affecting health and safety, the
tenant may deliver a written notice to the landlord
specifying the acts and omissions constituting the
breach and specifying that the rental agreement will
terminate upon a date not less than 20 days after
receipt of the notice if the breach is not remedied in
10 days, and the rental agreement shall terminate as
provided in the notice. Tenant may also sue for damages
and injunction. If substantially the same act or
omission that constituted a prior noncompliance of which
notice was given recurs within six months, the tenant
may terminate the rental agreement upon at least 10 days
written notice specifying the breach and the date of
termination of the rental agreement. |
Publication |
The Alaska Landlord & Tenant Act: What It
Means to You |
ARIZONA |
Citation |
Arizona Rev. Stats. §33.1324, §33.1361 |
Highlights |
The landlord must:
· Comply with the requirements of
applicable building codes materially affecting health
and safety
· Make all repairs and do whatever is
necessary to put and keep the premises in a fit and
habitable condition
· Keep all common areas of the premises in
a clean and safe condition
· Maintain in good and safe working order
and condition all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning and other
facilities and appliances, including elevators, supplied
or required to be supplied by him
· Provide and maintain appropriate
receptacles and conveniences for the removal of ashes,
garbage, rubbish and other waste incidental to the
occupancy of the dwelling unit and arrange for their
removal
· Supply running water and reasonable
amounts of hot water at all times, reasonable heat and
reasonable air-conditioning or cooling where such units
are installed and offered, when required by seasonal
weather conditions, except where the building that
includes the dwelling unit is not required by law to be
equipped for that purpose or the dwelling unit is so
constructed that heat, air-conditioning, cooling or hot
water is generated by an installation within the
exclusive control of the tenant and supplied by a direct
public utility connection |
Remedy for breach |
If there is a noncompliance by the
landlord with section 33-1324 materially affecting
health and safety, the tenant may deliver a written
notice to the landlord specifying the acts and omissions
constituting the breach and that the rental agreement
will terminate upon a date not less than five days after
receipt of the notice if the breach is not remedied in
five days. The tenant may also sue for damages and an
injunction. |
Publication |
Arizona Tenants’ Rights and
Responsibilities Handbook |
ARKANSAS |
Citation |
None |
Highlights |
According to the Arkansas Attorney General, a tenant who rents a
residence takes it as is, and the landlord has no
further obligation to maintain the premises. The only
obligation the landlord has is to meet city building
codes. |
Remedy for breach |
None |
Publication |
CASE NOTE: Propst v. McNeill |
CALIFORNIA |
| Citation |
Cal. Civ. Code §§1941.1, 1941.3, 1941.4, 1174.2 |
| Highlights |
A rental unit is uninhabitable if it
lacks any of the following characteristics:
· Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors
· Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in
good working order
· A water supply approved under applicable law that is under the control of the tenant, capable of producing hot
and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water,
furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law
· Heating facilities that conformed with applicable law at the time of installation, maintained in good working order
· Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation,
maintained in good working order
· Building, grounds, and appurtenances at the time of the
· commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean,
sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin
· An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the
time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable
receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under his or her
control
· Floors, stairways, and railings
maintained in good repair
Landlords are also required to provide adequate locks
for security as elaborately specified at Civ. Code §1941.3, and
a usable telephone jack with wiring in
good repair at Civ. Code §1941.4 |
Remedy for breach |
Failure of the landlord to maintain the
premises may entitle the tenant to sue for damages,
repair and deduct per §1942, or withhold rent under Code Civ. Proc. §1174.2 |
Publication |
California Tenants |
|
COLORADO |
Citation |
Colorado Rev Stats §38-12-503, §38-12-505, §38-12-507 |
Highlights |
A residential premises is uninhabitable
if it lacks:
· Waterproofing and weather protection of
roof and exterior walls maintained in good working
order, including unbroken windows and doors
· Plumbing or gas facilities that conformed
to applicable law in effect at the time of installation
and that are maintained in good working order
· Running water and reasonable amounts of
hot water at all times furnished to appropriate fixtures
and connected to a sewage disposal system approved under
applicable law
· Functioning heating facilities that
conformed to applicable law at the time of installation
and that are maintained in good working order
· Electrical lighting, with wiring and
electrical equipment that conformed to applicable law at
the time of installation, maintained in good working
order
· Common areas and areas under the control
of the landlord that are kept reasonably clean,
sanitary, and free from all accumulations of debris,
filth, rubbish, and garbage and that have appropriate
extermination in response to the infestation of rodents
or vermin
· Appropriate extermination in response to
the infestation of rodents or vermin throughout a
residential premises
· An adequate number of appropriate
exterior receptacles for garbage and rubbish, in good
repair
· Floors, stairways, and railings
maintained in good repair
· Locks on all exterior doors and locks or
security devices on windows designed to be opened that
are maintained in good working order
· Compliance with all applicable building,
housing, and health codes, which, if violated, would
constitute a condition that is dangerous or hazardous to
a tenant's life, health, or safety
A landlord breaches the warranty of
habitability if one or more of the above conditions
exist and
· The residential premises is in a
condition that is materially dangerous or hazardous to
the tenant's life, health, or safety; and
· The landlord has received written notice
of the condition and failed to cure the problem within a
reasonable time. |
Remedy for breach |
Upon no less than ten and no more than
thirty days written notice to the landlord specifying
the condition breaching the warranty of habitability and
giving the landlord five business days from the receipt
of the written notice to remedy the breach, a tenant may
terminate the rental agreement by surrendering
possession of the dwelling unit if the condition is not
remedied or damages paid. In addition, the tenant may
sue for damages or an injunction, or withhold rent until
the necessary repair is made. |
Publication |
Colorado Law Project: Warranty of
Habitability |
CONNECTICUT |
Citation |
Conn. Gen. Statutes §47a-7, §47a-12 |
Highlights |
The landlord must:
· Comply with the requirements of chapter 368o and all applicable building and housing codes
materially affecting health and safety of both the state
or any political subdivision thereof
· make all repairs and do whatever is
necessary to put and keep the premises in a fit and
habitable condition
· keep all common areas of the premises in
a clean and safe condition
· maintain in good and safe working order
and condition all electrical, plumbing, sanitary,
heating, ventilating and other facilities and appliances
and elevators, supplied or required to be supplied by
him
· provide and maintain appropriate
receptacles for the removal of ashes, garbage, rubbish
and other waste incidental to the occupancy of the
dwelling unit and arrange for their removal
· supply running water and reasonable
amounts of hot water at all times and reasonable heat
except if the building which includes the dwelling unit
is not required by law to be equipped for that purpose
or if the dwelling unit is so constructed that heat or
hot water is generated by an installation within the
exclusive control of the tenant or supplied by a direct
public utility connection
· comply with all municipal ordinances, building codes, or fire codes,
that impose a stricter duty of care than the state
statute |
Remedy for breach |
If there is a material noncompliance by
the landlord with section 47a-7 that materially affects
health and safety, the tenant may deliver a written
notice to the landlord specifying the acts and omissions
constituting the breach. If the breach is not remedied
within fifteen days after receipt of the notice, the
rental agreement terminates. If substantially the same
act or omission which constituted a prior noncompliance
of which notice was given recurs within six months of
the first act of noncompliance, the tenant may terminate
the rental agreement upon at least fourteen days written
notice specifying the date the breach complained of
occurred and the date the tenant intends to terminate
the rental agreement by vacating the premises, which
date must be within thirty days of such breach. |
Publication |
Rights and Responsibilities of Landlords
and Tenants in Connecticut |
DELAWARE |
Citation |
Delaware Code Chapter 25 §5305, §5306 |
Highlights |
The landlord must:
· Comply with all applicable provisions of
any state or local statute, code, regulation or
ordinance governing the maintenance, construction, use
or appearance of the rental unit and the property of
which it is a part
· Provide a rental unit which shall not
endanger the health, welfare or safety of the tenants or
occupants and which is fit for the purpose for which it
is expressly rented
· Keep in a clean and sanitary condition
all common areas of the buildings, grounds, facilities
and appurtenances thereto which are maintained by the
landlord
· Make all repairs and arrangements
necessary to put and keep the rental unit and the
appurtenances thereto in as good a condition as they
were, or ought by law or agreement to have been, at the
commencement of the tenancy
· Maintain all electrical, plumbing and
other facilities supplied by the landlord in good
working order
In addition, if the rental agreement so
provides, the landlord must:
· Provide and maintain appropriate
receptacles and conveniences for the removal of ashes,
rubbish and garbage and arrange for the frequent removal
of such waste
· Supply or cause to be supplied, water,
hot water, heat and electricity to the rental unit |
Remedy for breach |
If a breach of the warranty of
habitability renders the premises uninhabitable or poses
an imminent threat to the health, safety or welfare of
the tenant or any member of the family, then tenant may,
after giving notice to the landlord, immediately
terminate the rental agreement without proceeding in a
Justice of the Peace Court. The tenant may also sue for
damages in the event of a willful breach. |
Publication |
A Summary of the Delaware Residential
Landlord Tenant Code |
FLORIDA |
Citation |
Florida Statutes §83.51, §83.54, §83.56 |
Highlights |
The landlord must comply with all
building, housing, and health codes. Where there are no
such codes, the landlord must maintain the roofs,
windows, screens, doors, floors, steps, porches,
exterior walls, foundations, and all other structural
components in good repair and capable of resisting
normal forces and loads and the plumbing in reasonable
working condition.
In addition, landlords of buildings of
two units or more must make reasonable provisions for
the following:
· Extermination of rats, roaches, mice,
ants, wood destroying organisms, and bedbugs
· Locks and keys
· The clean and safe condition of common
areas
· Garbage removal and receptacles
· Functioning facilities for heat in the
winter, running water, and hot water
· Smoke detectors |
Remedy for breach |
If the landlord materially fails to
comply with s. 83.51(1) or
material provisions of the rental agreement within 7
days after delivery of written notice by the tenant
specifying the noncompliance and indicating the
intention of the tenant to terminate the rental
agreement by reason thereof, the tenant may terminate
the rental agreement. If the tenant remains in
possession the rent is reduced by an amount proportional
to the loss of utility of the premises. Tenant
may also enforce the landlord’s obligations by filing
suit for damages. |
Publication |
Florida’s Landlord/Tenant Rights |
GEORGIA |
Citation |
Georgia Code §44-7-13 |
Highlights |
“The landlord must keep the premises in
repair. He shall be liable for all substantial
improvements placed upon the premises by his consent.”
This seems to be all the Code of Georgia has to say on
the subject. |
Remedy for breach |
None specified. Presumably the tenant
may sue for breach. |
Publication |
Questions Frequently Asked by Tenants and
Landlords |
HAWAII |
Citation |
Hawaii Rev. Stats. §521-42, §521-62, §521-63 |
Highlights |
The landlord must
· Comply with all applicable building and
housing laws materially affecting health and safety
· Keep common areas of a multi-dwelling
unit premises in a clean and safe condition
· Make all repairs and arrangements
necessary to put and keep the premises in a habitable
condition
· Maintain all electrical, plumbing, and
other facilities and appliances supplied by the landlord
in good working order and condition, subject to
reasonable wear and tear
· Except in the case of a single family
residence, provide and maintain appropriate receptacles
and conveniences for the removal of normal amounts of
rubbish and garbage, and arrange for the frequent
removal of such waste materials
· Except in the case of a single family
residence, or where the building is not required by law
to be equipped for the purpose, provide for the
supplying of running water as reasonably required by the
tenant |
Remedy for breach |
If the landlord rents premises that fail
to comply with applicable building codes and standards
that materially affect health and safety, the tenant
may, on notice to the landlord, terminate the rental
agreement and vacate the dwelling unit at any time
during the first week of occupancy. If any condition
within the premises deprives the tenant of a substantial
part of the benefit and enjoyment of the tenant's
bargain under the rental agreement, the tenant may
notify the landlord in writing of the situation and, if
the landlord does not remedy the situation within one
week, terminate the rental agreement. The notice need
not be given when the condition renders the dwelling
unit uninhabitable or poses an imminent threat to the
health or safety of any occupant. |
Publication |
Handbook for the Hawaii Residential
Landlord-Tenant Code |
IDAHO |
Citation |
Idaho Statutes §6-320 |
Highlights |
A landlord may not:
· Fail to provide reasonable waterproofing
and weather protection of the premises
· Fail to maintain in good working order
electrical, plumbing, heating, ventilating, cooling, or
sanitary facilities supplied by the landlord
· Maintain the premises in a manner
hazardous to the health or safety of the tenant
· Breach any term or provision of the lease
or rental agreement materially affecting the health and
safety of the tenant, whether explicitly or implicitly a
part thereof
· Fail
to install approved smoke detectors in each dwelling
unit, to include mobile homes, under the landlord’s
control |
Remedy for breach |
Tenant may sue the landlord for damages
and for orders to make necessary repairs after giving
three days notice to the landlord of the repairs needed. |
Publication |
Landlord and Tenant Guidelines |
ILLINOIS |
Citation |
Illinois Compiled Statutes |
Highlights |
No statute. Illinois’s warranty of
habitability is in its common law. See Jack Spring v. Little,
50 Ill.2d 351, 280 N.E. 2d 208 (1972); Glasoe v.
Trinkle, 107 Ill.2d 1, 479 N.E.2d 915, 88 Ill Dec.
895 (1985). |
Remedy for breach |
Tenant may file suit for breach of the
warranty or use it as a defense to eviction. |
Publication |
Landlord and Tenants Rights and Laws |
INDIANA |
Citation |
Indiana Code §32-31-8-5, §32-31-8-6 |
Highlights |
The landlord must do the following:
· Deliver the premises in a safe, clean,
and habitable condition
· Comply with all health and housing codes
applicable to the rental premises
· Make all reasonable efforts to keep
common areas of a rental premises in a clean and proper
condition
· Provide and maintain the following items
in a premises in good and safe working condition, if
provided on the premises at the time the rental
agreement is entered into:
o Electrical systems
o Plumbing systems sufficient to
accommodate a reasonable supply of hot and cold running
water at all times
o Sanitary systems
o Heating, ventilating, and air
conditioning systems. A heating system must be
sufficient to adequately supply heat at all times.
o Elevators, if provided
o Appliances supplied as an inducement to
the rental agreement |
Remedy for breach |
After giving landlord notice and an
opportunity to repair, the tenant may sue for damages
and injunctive relief. |
Publication |
Landlord/Tenant Rights and Obligations |
IOWA |
Citation |
Iowa Statutes §562A.15, §562A.21 |
Highlights |
The landlord must:
· Comply with the requirements of
applicable building and housing codes materially
affecting health and safety
· Make all repairs and do whatever is
necessary to put and keep the premises in a fit and
habitable condition
· Keep all common areas of the premises in
a clean and safe condition
· Maintain in good and safe working order
and condition all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning, and other
facilities and appliances, including elevators, supplied
or required to be supplied by the landlord
· Provide and maintain appropriate
receptacles and conveniences, accessible to all tenants,
for the central collection and removal of ashes,
garbage, rubbish, and other waste incidental to the
occupancy of the dwelling unit and arrange for their
removal
· Supply running water and reasonable
amounts of hot water at all times and reasonable heat,
except where the building that includes the dwelling
unit is not required by law to be equipped for that
purpose, or the dwelling unit is so constructed that
heat or hot water is generated by an installation within
the exclusive control of the tenant and supplied by a
direct public utility connection |
Remedy for breach |
In case of violations that affect health
and safety, tenant may terminate the lease if the
repairs are not made within 7 days and sue for damages.
If the same repair is condition arises again within six
months the tenant may terminate the lease. If the
landlord fails to supply adequate heat or water, and it
is the landlord’s responsibility under the rental
agreement to do so, the tenant may, after notice to the
landlord, procure the same himself and sue to have the
rent reduced by the diminution in rental value of the
premises. |
Publication |
Housing: How My Landlord Learned to Make
Repairs |
KANSAS |
Citation |
|
Highlights |
The landlord must:
· Comply with the requirements of
applicable building and housing codes materially
affecting health and safety
· exercise reasonable care in the
maintenance of the common areas
· maintain in good and safe working order
and condition all electrical, plumbing, sanitary,
heating, ventilating and air-conditioning appliances
including elevators, supplied or required to be supplied
by the landlord
· provide and maintain on the grounds, for
the common use by all tenants, appropriate receptacles
and conveniences for the removal of ashes, garbage,
rubbish and other waste incidental to the occupancy of
the dwelling unit and arrange for their removal
· supply running water and reasonable
amounts of hot water at all times and reasonable heat if
the landlord supplies them under the rental agreement |
Remedy for breach |
In the event of a failure to comply by
the landlord, the tenant may notify landlord of the
noncompliance and terminate the rental agreement if
repairs are not made within 14 days, and sue for
damages. |
Publication |
Tips for Tenants and Landlords |
KENTUCKY |
Citation |
Kentucky Rev. Statutes §383.595, |
Highlights |
The landlord must:
· Comply with the requirements of
applicable building and housing codes materially
affecting health and safety
· Make all repairs and do whatever is
necessary to put and keep the premises in a fit and
habitable condition
· Keep all common areas of the premises in
a clean and safe condition
· Maintain in good and safe working order
and condition all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning, and other
facilities and appliances, including elevators, supplied
or required to be supplied by the landlord
· Supply running water and reasonable
amounts of hot water at all times and reasonable heat
between October 1 and May 1 except where the building
that includes the dwelling unit is not required by law
to be equipped for that purpose, or the dwelling unit is
so constructed that heat or hot water is generated by an
installation within the exclusive control of the tenant
and supplied by a direct public utility connection |
Remedy for breach |
In the event of a failure to comply by
the landlord, the tenant may notify landlord of the
noncompliance and terminate the rental agreement if
repairs are not made within 14 days, and sue for
damages. |
Publication |
None available |
LOUISIANA |
Citation |
Louisiana Civ. Code §2682, §2691, §2692, §2693, §2694, §2696, §2699, §2719 |
Highlights |
The landlord is obligated to turn over
the rental unit to the tenant in good order and repair,
to maintain it in fit condition, and to protect the
tenant’s possession for the duration of the lease. During
the lease, the landlord is bound to make all repairs
that become necessary to maintain the unit in a
condition suitable for the purpose for which it was
leased, except those caused by the tenant. |
Remedy for breach |
If the premises require a repair that
cannot be postponed until the end of the lease, the
landlord has a right to make them, but the tenant may be
entitled to an abatement of rent for loss of use of the
premises. If the landlord fails to make necessary
repairs, the tenant may repair and deduct the reasonable
cost of the repair from the rent. The tenant may also
terminate the lease for failure to make necessary
repairs. |
Publication |
A Guide to Louisiana Landlord & Tenant
Laws |
MAINE |
Citation |
Maine Rev. Stats §6021 |
Highlights |
The statute provides that every landlord
warrants that the premises he is renting is fit for
human habitation. Any condition on the premises that
endangers or materially impairs the health or safety of
the tenants breaches the warranty, provided it was not
caused by the tenant or anyone under his control, the
landlord was promptly notified of it, and the landlord
did not promptly correct the condition. |
Remedy for breach |
The tenant may sue to landlord to have
the repair made, to reduce the rent for the period of
time the condition existed, and for other damages and
remedies. |
Publication |
Rights of Tenants in Maine |
MARYLAND |
Citation |
Maryland Code, Real Property, §8-211 |
Highlights |
The Landlord must repair and eliminate
conditions and defects which constitute, or if not
promptly corrected will constitute, a fire hazard or a
serious and substantial threat to the life, health or
safety of occupants, including, but not limited to:
· Lack of heat, light, electricity, or hot
or cold running water, except where the tenant is
responsible for the payment of the utilities and the
lack thereof is the direct result of the tenant's
failure to pay the charges
· Lack of adequate sewage disposal
facilities
· Infestation of rodents in two or more
dwelling units
· The existence of any structural defect
which presents a serious and substantial threat to the
physical safety of the occupants
· The existence of any condition which
presents a health or fire hazard to the dwelling unit |
Remedy for breach |
If the tenant gives notice of the
condition to the landlord and a reasonable time to
repair, rebuttably presumed to be 30 days, and the
landlord fails to repair, then the tenant may initiate a
rent escrow, pay the rent into court while suing the
landlord, and take other actions and obtain other forms
of relief. See §8-211(j) and following. |
Publication |
BNI’s Landlord Introduction Packet |
MASSACHUSETTS |
Citation |
See Highlights. |
Highlights |
Massachusetts has an elaborate Sanitary
Code that regulates not only the general quality, but
also very specific characteristics that units designed
for rental must possess. You can find these regulations
here, as provided by the Massachusetts Trial Court Law Libraries. |
Remedy for breach |
N/A |
Publication |
Landlord Rights and Responsibilities |
MICHIGAN |
Citation |
MI Compiled Laws §554.139 |
Highlights |
Every landlord in Michigan warrants that
the premises he is offering for rent are fit for human
habitation, and to do necessary repairs during tenancy
to maintain them in that condition. |
Remedy for breach |
See Rights and Duties of Tenants, below. |
Publication |
Rights and Duties of Tenants |
MINNESOTA |
Citation |
Minnesota Statutes §504B.161, §504B.381, §504B.385, §504B.391, §504B.395 and following |
Highlights |
The landlord is required to provide
premises that are:
· Fit to live in
· Kept in reasonable repair
· Kept in compliance with state and local
health and housing codes
· Made reasonably energy efficient to the
extent that energy savings will exceed the costs of
upgrading efficiency |
Remedy for breach |
Aside from calling in building inspectors
to cite the landlord, the tenant may also:
· Place the rent in escrow with the court
until repairs are made
· Sue for a reduction of rent until the
repairs are made
· Sue the landlord for damages
The failure of the landlord to maintain
the premises is also a defense to the landlord’s action
to pay rent. |
Publication |
Landlords’ and Tenants’ Rights and
Responsibilities |
MISSISSIPPI |
Citation |
Mississippi Code §89-8-23, §89-8-13 |
Highlights |
The landlord must:
· Comply with the requirements of
applicable building and housing codes materially
affecting health and safety
· Maintain the dwelling unit, its plumbing,
heating and/or cooling system, in substantially the same
condition as at the inception of the lease, reasonable
wear and tear excluded, unless the dwelling unit, its
plumbing, heating and/or cooling system is damaged or
impaired as a result of the deliberate or negligent
actions of the tenant |
Remedy for breach |
If the landlord is notified of needed
repairs and they are not completed within a reasonable
time not to exceed 30 days, tenant may terminate lease.
Tenant may also sue for breach of covenant. |
Publication |
Landlord Tenant Relationship Act |
MISSOURI |
Citation |
Missouri Rev. Stats. §441.234 |
Highlights |
Missouri’s implied warranty of
habitability is part of its common law and has not been
codified. See the publication linked before for details
on the tenant’s right to repairs and to withhold rent.
The statutory law requires the landlord to provide
premises that are fit and safe for human habitation and,
in the event of the failure of the landlord to make
necessary repairs, permits a tenant who has resided on
the premises for more than six months to make the repair
himself, provided the total cost of the repair is not
more than $300, and deduct the cost from the rent. |
Remedy for breach |
Rent withholding under common law or
repair and deduct under statute cited. |
Publication |
Missouri Landlord-Tenant Law |
MONTANA |
Citation |
Montana Code §70-24-303, §70-24-406 |
Highlights |
The landlord:
· shall comply with the requirements of
applicable building and housing codes materially
affecting health and safety in effect at the time of
original construction in all dwelling units where
construction is completed after July 1, 1977
· may not knowingly allow any tenant or
other person to engage in any activity on the premises
that creates a reasonable potential that the premises
may be damaged or destroyed or that neighboring tenants
may be injured by any of the following:
o criminal production or manufacture of
dangerous drugs
o operation of an unlawful clandestine
laboratory
o gang-related activities
· shall make repairs and do whatever is
necessary to put and keep the premises in a fit and
habitable condition
· shall keep all common areas of the
premises in a clean and safe condition
· shall maintain in good and safe working
order and condition all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning, and other
facilities and appliances, including elevators, supplied
or required to be supplied by the landlord
· shall, unless otherwise provided in a
rental agreement, provide and maintain appropriate
receptacles and conveniences for the removal of ashes,
garbage, rubbish, and other waste incidental to the
occupancy of the dwelling unit and arrange for their
removal
· shall supply running water and reasonable
amounts of hot water at all times and reasonable heat
between October 1 and May 1, except if the building that
includes the dwelling unit is not required by law to be
equipped for that purpose or the dwelling unit is so
constructed that heat or hot water is generated by an
installation within the exclusive control of the tenant
· shall install in each dwelling unit under
the landlord's control an approved carbon monoxide
detector, in accordance with rules adopted by the
department of labor and industry, and an approved smoke
detector, in accordance with rules adopted by the
department of justice |
Remedy for breach |
In the event of the failure of the
landlord to fulfill his responsibilities, the tenant
may, on notice, terminate the rental agreement, or do
the repair and deduct it from the rent, or sue for
damages for breach. See §70-24-406 for details. |
Publication |
For Tenants and Landlords |
NEBRASKA |
Citation |
Neb. Rev. Stats §76-1419, §76-1425 |
Highlights |
The landlord must:
· Substantially comply, after written or
actual notice, with the requirements of the applicable
minimum housing codes materially affecting health and
safety
· Make all repairs and do whatever is
necessary, after written or actual notice, to put and
keep the premises in a fit and habitable condition
· Keep all common areas of the premises in
a clean and safe condition
· Maintain in good and safe working order
and condition all electrical, plumbing, sanitary,
heating, ventilating, air conditioning, and other
facilities and appliances, including elevators, supplied
or required to be supplied by him or her
· Provide and maintain appropriate
receptacles and conveniences for the removal of ashes,
garbage, rubbish, and other waste incidental to the
occupancy of the dwelling unit and arrange for their
removal from the appropriate receptacle
· Supply running water and reasonable
amounts of hot water at all times and reasonable heat
except where the building that includes the dwelling
unit is not required by law to be equipped for that
purpose, or the dwelling unit is so constructed that
heat or hot water is generated by an installation within
the exclusive control of the tenant and supplied by a
direct public utility connection |
Remedy for breach |
In the event of the failure of the
landlord to fulfill his responsibilities, the tenant
may, on notice, terminate the rental agreement, or do
the repair and deduct it from the rent, or sue for
damages for breach. See §76-1425 for details. |
Publication |
Landlord and Tenant Handbook |
NEVADA |
Citation |
Nev. Rev. Stats. §118A.290, §118A.355 |
Highlights |
A dwelling unit is not habitable if it
violates provisions of housing or health codes
concerning the health, safety, sanitation or fitness for
habitation of the dwelling unit or if it substantially
lacks:
· Effective waterproofing and weather
protection of the roof and exterior walls, including
windows and doors
· Plumbing facilities which conformed to
applicable law when installed and which are maintained
in good working order
· A water supply approved under applicable
law, which is:
o Under the control of the tenant or
landlord and is capable of producing hot and cold
running water
o Furnished to appropriate fixtures
o Connected to a sewage disposal system
approved under applicable law and maintained in good
working order to the extent that the system can be
controlled by the landlord
· Adequate heating facilities which
conformed to applicable law when installed and are
maintained in good working order
· Electrical lighting, outlets, wiring and
electrical equipment which conformed to applicable law
when installed and are maintained in good working order
· An adequate number of appropriate
receptacles for garbage and rubbish in clean condition
and good repair at the commencement of the tenancy. The
landlord shall arrange for the removal of garbage and
rubbish from the premises unless the parties by written
agreement provide otherwise
· Building, grounds, appurtenances and all
other areas under the landlord’s control at the time of
the commencement of the tenancy in every part clean,
sanitary and reasonably free from all accumulations of
debris, filth, rubbish, garbage, rodents, insects and
vermin
· Floors, walls, ceilings, stairways and
railings maintained in good repair
· Ventilating, air-conditioning and other
facilities and appliances, including elevators,
maintained in good repair if supplied or required to be
supplied by the landlord |
Remedy for breach |
In the event of the failure of the
landlord to fulfill his responsibilities, the tenant
may, on notice, terminate the rental agreement, or do
the repair and deduct it from the rent, or sue for
damages for breach. See §118A.355 for details. |
Publication |
N/A |
NEW
HAMPSHIRE |
Citation |
N.H. Rev. Stats. Chapter 48-A, §540:13-d |
Highlights |
The governing bodies of the
municipalities set the housing standards that must be
met. The landlord is obligated to meet these standards. |
Remedy for breach |
In the event the landlord fails to meet
the minimum local housing standards, the tenant may
withhold rent until the landlord does the necessary
repairs. See §540:13-d for details. |
Publication |
Tenant Rights |
NEW
JERSEY |
Citation |
N/A |
Highlights |
The habitability laws for New Jersey are
apparently contained in a complex combination of state
and local codes and laws. We are unable to locate
specific statutes in the New Jersey statutes. The
Habitability Bulletin cited below contains an unbiased
summary of the obligations arising from these laws. |
Remedy for breach |
See below. |
Publication |
Habitability Bulletin |
NEW
MEXICO |
Citation |
New Mex. Stats §47-8-20, §47-8-27.1 |
Highlights |
The landlord must:
· substantially comply with requirements of
the applicable minimum housing codes materially
affecting health and safety
· make repairs and do whatever is necessary
to put and keep the premises in a safe condition as
provided by applicable law and rules and regulations as
provided in Section 47-8-23 NMSA 1978
· keep common areas of the premises in a
safe condition
· maintain in good and safe working order
and condition electrical, plumbing, sanitary, heating,
ventilating, air conditioning and other facilities and
appliances, including elevators, if any, supplied or
required to be supplied by him
· provide and maintain appropriate
receptacles and conveniences for the removal of ashes,
garbage, rubbish and other waste incidental to the
occupancy of the dwelling unit and arrange for their
removal from the appropriate receptacle
· supply running water and a reasonable
amount of hot water at all times and reasonable heat,
except where the building that includes the dwelling
unit is not required by law to be equipped for that
purpose or the dwelling unit is so constructed that heat
or hot water is generated by an installation within the
exclusive control of the resident and supplied by a
direct public utility connection |
Remedy for breach |
In the event the landlord fails to meet
the minimum local housing standards, the tenant may
withhold rent until the landlord does the necessary
repairs. See §47-8-27.1 for details. |
Publication |
Renters Guide |
NEW
YORK |
Citation |
NY Cons. Laws RPP §235-b, Multiple Dwelling Law |
Highlights |
All parties to a lease or rental agreement are deemed to covenant and warrant that the premises so leased or
rented and all areas used in connection therewith in common with other tenants or residents are fit for human
habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall
not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or
safety. The landlord is also subject to the provisions of the Multiple Dwelling Law, and myriad local ordinances
and laws. |
Remedy for breach |
In the event of the landlord’s breach of
warranty, the tenant is entitled to damages and a rent
reduction. |
Publication |
NYC Rent Guidelines Board |
NORTH CAROLINA |
Citation |
N.C. Gen. Stats. §42-42, §42-44 |
Highlights |
The landlord must:
· Comply with the current applicable
building and housing codes, whether enacted before or
after October 1, 1977, to the extent required by the
operation of such codes
· Make all repairs and do whatever is
necessary to put and keep the premises in a fit and
habitable condition
· Keep all common areas of the premises in
safe condition
· Maintain in good and safe working order
and promptly repair all electrical, plumbing, sanitary,
heating, ventilating, air conditioning, and other
facilities and appliances supplied or required to be
supplied by the landlord provided that notification of
needed repairs is made to the landlord in writing by the
tenant, except in emergency situations
· Provide operable smoke detectors, either
battery‑operated or electrical, having an Underwriters'
Laboratories, Inc., listing or other equivalent national
testing laboratory approval, and install the smoke
detectors in accordance with either the standards of the
National Fire Protection Association or the minimum
protection designated in the manufacturer's
instructions, which the landlord must retain or provide
as proof of compliance
· If the landlord is charging for the cost
of providing water or sewer service pursuant to G.S.
42‑42.1 and has actual knowledge from either the
supplying water system or other reliable source that
water being supplied to tenants within the landlord's
property exceeds a maximum contaminant level established
pursuant to Article 10 of Chapter 130A of the General
Statutes, provide notice that water being supplied
exceeds a maximum contaminant level
· Provide a minimum of one operable carbon
monoxide detector per rental unit per level, either
battery‑operated or electrical, that is listed by a
nationally recognized testing laboratory that is
OSHA‑approved to test and certify to American National
Standards Institute/Underwriters Laboratories Standards
ANSI/UL2034 or ANSI/UL2075, and install the carbon
monoxide detectors in accordance with either the
standards of the National Fire Protection Association or
the minimum protection designated in the manufacturer's
instructions, which the landlord must retain or provide
as proof of compliance
· Within a reasonable period of time based
upon the severity of the condition, repair or remedy any
imminently dangerous condition on the premises after
acquiring actual knowledge or receiving notice of the
condition |
Remedy for breach |
The tenant’s remedy is to file a civil
action against the landlord. Rent withholding is
available only if a court determines the tenant may do
so. Requirements for smoke and carbon monoxide
detectors are also enforceable by fines. |
Publication |
Landlords’ Maintenance and Repair Duties |
NORTH DAKOTA |
Citation |
N.D. Century Code §47-16-13.1, §47-16-13.6 |
Highlights |
The landlord must:
· Comply with the requirements of
applicable building and housing codes materially
affecting health and safety
· Make all repairs and do whatever is
necessary to put and keep the premises in a fit and
habitable condition
· Keep all common areas of the premises in
a clean and safe condition
· Maintain in good and safe working order
and condition all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning, and other
facilities and appliances, including elevators, supplied
or required to be supplied by the landlord
· Provide and maintain appropriate
receptacles and conveniences for the removal of ashes,
garbage, rubbish, and other waste incidental to the
occupancy of the dwelling unit and arrange for their
removal
· Supply running water and reasonable
amounts of hot water at all times and reasonable heat,
except if the building that includes the dwelling unit
is not required by law to be equipped for that purpose
or if the dwelling unit is so constructed that heat or
hot water is generated by an installation within the
exclusive control of the tenant and supplied by a direct
public utility connection or if the water or heat is
unavailable due to supply failure by a public utility |
Remedy for breach |
If the landlord fails to perform his
obligations the tenant may file suit for damages and
costs and attorney fees. |
Publication |
North Dakota Landlord/Tenant Rights |
OHIO |
Citation |
Ohio Rev. Code §5321.04, §5321.07 |
Highlights |
An Ohio Landlord must do all of the
following:
· Comply with the requirements of all
applicable building, housing, health, and safety codes
that materially affect health and safety
· Make all repairs and do whatever is
reasonably necessary to put and keep the premises in a
fit and habitable condition
· Keep all common areas of the premises in
a safe and sanitary condition
· Maintain in good and safe working order
and condition all electrical, plumbing, sanitary,
heating, ventilating, and air conditioning fixtures and
appliances, and elevators, supplied or required to be
supplied by him
· When he is a party to any rental
agreements that cover four or more dwelling units in the
same structure, provide and maintain appropriate
receptacles for the removal of ashes, garbage, rubbish,
and other waste incidental to the occupancy of a
dwelling unit, and arrange for their removal
· Supply running water, reasonable amounts
of hot water and reasonable heat at all times, except
where the building that includes the dwelling unit is
not required by law to be equipped for that purpose, or
the dwelling unit is so constructed that heat or hot
water is generated by an installation within the
exclusive control of the tenant and supplied by a direct
public utility connection |
Remedy for breach |
If the landlord of more than a total of 3
rental units fails to fulfill the above duties, the
tenant may give the landlord notice of the condition
that is in violation. If the landlord fails to correct
the condition within a reasonable time, not more than 30
days, the tenant may deposit rent into municipal court
as it accrues until the repair is made, apply to the
court for an order to make the repair, or terminate the
tenancy and move out. |
Publication |
Landlord and Tenant Rights Under Ohio Law |
OKLAHOMA |
Citation |
Oklahoma Statutes §41-118, §41-121 |
Highlights |
The landlord must:
· Except in the case of a single‑family
residence, keep all common areas of his building,
grounds, facilities and appurtenances in a clean, safe
and sanitary condition
· Make all repairs and do whatever is
necessary to put and keep the tenant's dwelling unit and
premises in a fit and habitable condition
· Maintain in good and safe working order
and condition all electrical, plumbing, sanitary,
heating, ventilating, air‑conditioning and other
facilities and appliances, including elevators, supplied
or required to be supplied by him
· Except in the case of one‑ or two‑family
residences or where provided by a governmental entity,
provide and maintain appropriate receptacles and
conveniences for the removal of ashes, garbage, rubbish
and other waste incidental to the occupancy of the
dwelling unit and arrange for the frequent removal of
such wastes
· Supply running water and reasonable
amounts of hot water at all times and reasonable heat |
Remedy for breach |
In case of a breach by the landlord the
tenant may:
· Give notice that if the breach is not
repaired within 14 days the lease will terminate in 30
days
· Do the repair himself and deduct from the
rent if the cost is less than $100
· If the landlord negligently or willfully
fails to supply essential services
o Terminate the rental agreement
immediately
o Procure services himself
o Recover damages based on diminished value
of the rental unit
o On notice to the landlord, procure
alternate housing and stop paying rent until the repairs
are made |
Publication |
What Are Your Rights and Duties as a
Tenant? |
OREGON |
Citation |
Oregon Rev. Stats. §90-320, §90.360 |
Highlights |
A dwelling is uninhabitable if it
substantially lacks:
· Effective waterproofing and weather
protection of roof and exterior walls, including windows
and doors
· Plumbing facilities that conform to
applicable law in effect at the time of installation,
and maintained in good working order
· A water supply approved under applicable
law that is:
o Under the control of the tenant or
landlord and is capable of producing hot and cold
running water
o Furnished to appropriate fixtures
o Connected to a sewage disposal system
approved under applicable law
o Maintained so as to provide safe drinking
water and to be in good working order to the extent that
the system can be controlled by the landlord
· Adequate heating facilities that conform
to applicable law at the time of installation and
maintained in good working order
· Electrical lighting with wiring and
electrical equipment that conform to applicable law at
the time of installation and maintained in good working
order
· Buildings, grounds and appurtenances at
the time of the commencement of the rental agreement in
every part safe for normal and reasonably foreseeable
uses, clean, sanitary and free from all accumulations of
debris, filth, rubbish, garbage, rodents and vermin, and
all areas under control of the landlord kept in every
part safe for normal and reasonably foreseeable uses,
clean, sanitary and free from all accumulations of
debris, filth, rubbish, garbage, rodents and vermin
· Except as otherwise provided by local
ordinance or by written agreement between the landlord
and the tenant, an adequate number of appropriate
receptacles for garbage and rubbish in clean condition
and good repair at the time of the commencement of the
rental agreement, and the landlord shall provide and
maintain appropriate serviceable receptacles thereafter
and arrange for their removal
· Ventilating, air conditioning and other
facilities and appliances, including elevators,
maintained in good repair if supplied or required to be
supplied by the landlord
· Safety from fire hazards, including a
working smoke alarm or smoke detector
· A carbon monoxide alarm, and the dwelling
unit or the structure in which the dwelling unit is a
part contains a carbon monoxide source
· Working locks for all dwelling entrance
doors, and, unless contrary to applicable law, latches
for all windows |
Remedy for breach |
In the event of the failure of the
landlord to fulfill his responsibilities, the tenant
may, on notice, terminate the rental agreement, or do
the repair and deduct it from the rent, or sue for
damages for breach. See §90.360 for details. |
Publication |
Landlord Tenant Rights |
RHODE ISLAND |
Citation |
Rhode Island Gen Laws §34-18-22, §34-18-28 |
Highlights |
The Rhode Island landlord must:
· Comply with the requirements of
applicable building and housing codes affecting health
and safety
· Make all repairs and do whatever is
necessary to put and keep the premises in a fit and
habitable condition
· Keep all common areas of the premises in
a clean and safe condition
· Maintain in good and safe working order
and condition all electrical, plumbing, sanitary,
heating, ventilating, air conditioning, and other
facilities and appliances, including elevators, supplied
or required to be supplied by him or her
· Provide and maintain appropriate
receptacles and conveniences for the removal of ashes,
garbage, rubbish, and other waste incidental to the
occupancy of the dwelling unit
· Supply running water and reasonable
amounts of hot water at all times and reasonable heat |
Remedy for breach |
In the event of the failure of the
landlord to fulfill his responsibilities, the tenant
may, on notice, terminate the rental agreement. See §34-18-28 for details. |
Publication |
The Rhode Island Landlord Tenant Handbook |
SOUTH CAROLINA |
Citation |
SC Code §27-40-440, §27-40-610 |
Highlights |
The South Carolina Landlord must:
· comply with the requirements of
applicable building and housing codes materially
affecting health and safety
· make all repairs and do whatever is
reasonably necessary to put and keep the premises in a
fit and habitable condition
· keep all common areas of the premises in
a reasonably safe condition, and, for premises
containing more than four dwelling units, keep in a
reasonably clean condition
· make available running water and
reasonable amounts of hot water
· maintain in reasonably good and safe
working order and condition all electrical, gas,
plumbing, sanitary, heating, ventilating, air
conditioning, and other facilities and appliances,
including elevators, supplied or required to be supplied
by him |
Remedy for breach |
In the event of the failure of the
landlord to fulfill his responsibilities, the tenant
may, on notice, terminate the rental agreement. See §27-40-610 for details. |
Publication |
Rights and Duties of Landlord |
SOUTH DAKOTA |
Citation |
SD Codified Laws §43-32-8, §43-32-9 |
Highlights |
The landlord must keep the premises and
all common areas in reasonable repair and fit for human
habitation and in good and safe working order during the
term of the lease except when the disrepair has been
caused by the negligent, willful or malicious conduct of
the lessee or a person under his direction or control.
The landlord must also maintain in good and safe working
order and condition all electrical, plumbing, or heating
systems of the premises, except when the disrepair has
been caused by the negligent, willful or malicious
conduct of the lessee or a person under his direction or
control. |
Remedy for breach |
In the event of the failure of the
landlord to fulfill his responsibilities, the tenant
may, on notice, do the repair himself and deduct the
rent if cost is less than $100, vacate the premises, or
withhold rent. See §43-32-9 for details. |
Publication |
Landlord-Tenant Disputes |
TENNESSEE |
Citation |
Tennessee Code §66-28-304, §66-28-501 |
Highlights |
The Tennessee landlord must:
· Comply with requirements of applicable
building and housing codes materially affecting health
and safety
· Make all repairs and do whatever is
necessary to put and keep the premises in a fit and
habitable condition
· Keep all common areas of the premises in
a clean and safe condition
· In multi-unit complexes of four (4) or
more units, provide and maintain appropriate receptacles
and conveniences for the removal of ashes, garbage,
rubbish and other waste from common points of collection |
Remedy for breach |
If the landlord does not correct a breach
of his duties within 14 days of a notice from the
tenant, the tenant may sue for damages and injunction. |
Publication |
Landlord and Tenant Act Consumer
Information |
TEXAS |
Citation |
Texas Stats Property Code, Title 8, §92.052, §92.056 |
Highlights |
The landlord is obligated to repair any
defects in the premises caused by normal wear and tear
that affect health and safety, or that cause a failure
to supply hot water of a temperature of 120 degrees. |
Remedy for breach |
The tenant may, when the landlord fails
to make needed repair after having been given reasonable
notice, do any of the following:
· terminate the lease
· have the condition remedied and deduct
from the rent
· sue for damages and injunction to do repairs not exceeding $10,000 |
Publication |
Tenant Rights |
UTAH |
Citation |
Utah Code §57-22-3, §57-22-4, §57-22-6 |
Highlights |
Each owner and his agent renting or
leasing a residential rental unit shall maintain that
unit in a condition fit for human habitation and in
accordance with local ordinances and the rules of the
board of health having jurisdiction in the area in which
the residential rental unit is located. Each residential
rental unit shall have electrical systems, heating,
plumbing, and hot and cold water.
The landlord must:
· not rent the premises unless they are
safe, sanitary, and fit for human occupancy
· maintain common areas of the residential
rental unit in a sanitary and safe condition
· maintain electrical systems, plumbing,
heating, and hot and cold water
· maintain any air conditioning system in
an operable condition
· maintain other appliances and facilities
as specifically contracted in the rental agreement
· for buildings containing more than two
residential rental units, provide and maintain
appropriate receptacles for garbage and other waste and
arrange for its removal, except to the extent that the
renter and owner otherwise agree |
Remedy for breach |
Utah has an elaborate enforcement
mechanism that can be applied to a landlord who fails to
maintain the premises in habitable conditions. See §57-22-6 for details. |
Publication |
Utah Renters Handbook |
VERMONT |
Citation |
Vermont Stats, Title 9, §4457, §4458 |
Highlights |
The landlord must, throughout tenancy,
maintain the rental unit in compliance with all housing
codes and standards applicable to the unit, and fit for
human occupancy, including adequate heat and water. |
Remedy for breach |
Upon breach of the above duties by the
landlord, the tenant may:
· withhold the payment of rent for the
period of the noncompliance
· obtain injunctive relief
· recover damages, costs and reasonable
attorney's fees
· terminate the rental agreement on
reasonable notice |
Publication |
Renting in Vermont |
VIRGINIA |
Citation |
Virginia Code §55-225.3, |
Highlights |
A Virginia landlord must:
· Comply with the requirements of
applicable building and housing codes materially
affecting health and safety
· Make all repairs and do whatever is
necessary to put and keep the premises in a fit and
habitable condition
· Maintain in good and safe working order
and condition all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning and other
facilities and appliances, including elevators, supplied
or required to be supplied by him
· Supply running water and reasonable
amounts of hot water at all times and reasonable air
conditioning if provided and heat in season
· Maintain the premises in such a condition
as to prevent the accumulation of moisture and the
growth of mold |
Remedy for breach |
For remedies on landlord’s failure to
provide habitable premises see Landlord Tenant Handbook, page 14 and foll. |
Publication |
Landlord Tenant Handbook |
Washington |
Citation |
WA Rev Code §59.18.060, §59.18.070, §59.18.080, §59.18.090, §59.18.100, |
Highlights |
A Washington landlord must maintain the
rental unit fit for habitation, including but not
limited to:
· Maintain the premises to substantially
comply with any applicable code, statute, ordinance, or
regulation governing their maintenance or operation
· Maintain the roofs, floors, walls,
chimneys, fireplaces, foundations, and all other
structural components in reasonably good repair so as to
be usable and capable of resisting any and all normal
forces and loads to which they may be subjected
· Keep any shared or common areas
reasonably clean, sanitary, and safe from defects
increasing the hazards of fire or accident
· Provide a reasonable program for the
control of infestation by insects, rodents, and other
pests at the initiation of the tenancy and, except in
the case of a single family residence, control
infestation during tenancy
· Except where the condition is
attributable to normal wear and tear, make repairs and
arrangements necessary to put and keep the premises in
as good condition as it by law or rental agreement
should have been, at the commencement of the tenancy
· Provide reasonably adequate locks and
furnish keys to the tenant
· Maintain all electrical, plumbing,
heating, and other facilities and appliances supplied by
him in reasonably good working order
· Maintain the dwelling unit in reasonably
weather tight condition
· Except in the case of a single family
residence, provide and maintain appropriate receptacles
in common areas for the removal of ashes, rubbish, and
garbage, incidental to the occupancy and arrange for the
reasonable and regular removal of such waste
· provide facilities adequate to supply
heat and water and hot water as reasonably required by
the tenant;
· provide operating smoke detectors |
Remedy for breach |
If the landlord fails to discharge his
duties, the tenant may:
· Terminate the rental agreement and quit
the premises upon written notice to the landlord without
further obligation under the rental agreement, in which
case he or she shall be discharged from payment of rent
for any period following the quitting date, and shall be
entitled to a pro rata refund of any prepaid rent, and
shall receive a full and specific statement of the basis
for retaining any of the deposit together with any
refund due in accordance with RCW 59.18.280
· Bring an action in an appropriate court,
or at arbitration if so agreed, for any remedy provided
under this chapter or otherwise provided by law; or
· Pursue other remedies available under
chapter 59.18 chapter, such as repair and deduct. See §59.18.070 and following. |
Publication |
Landlord-Tenant |
WEST VIRGINIA |
Citation |
West Virginia Stats §37-6-30, §55-3A-3 |
Highlights |
The landlord must:
· At the commencement of a tenancy, deliver
the dwelling unit and surrounding premises in a fit and
habitable condition, and shall thereafter maintain the
leased property in such condition
· Maintain the leased property in a
condition that meets requirements of applicable health,
safety, fire and housing codes
· In multiple housing units, keep clean,
safe and in repair all common areas of the premises
remaining under his control that are maintained for the
use and benefit of his tenants
· Make all repairs necessary to keep the
premises in a fit and habitable condition
· Maintain in good and safe working order
and condition all electrical, plumbing, sanitary,
heating, ventilating, air- conditioning and other
facilities and appliances, including elevators, supplied
or required to be supplied by him by written or oral
agreement or by law
· In multiple housing units, provide and
maintain appropriate conveniences for the removal of
ashes, garbage, rubbish and other waste incidental to
the occupancy of the dwelling unit
· With respect to dwelling units supplied
by direct public utility connections, supply running
water and reasonable amounts of hot water at all times,
and reasonable heat between the first day of October and
the last day of April, except where the dwelling unit is
so constructed that running water, heat or hot water is
generated by an installation within the exclusive
control of the tenant |
Remedy for breach |
None specified, suit by tenant for breach
of lease, that is, failure to perform a duty required of
the landlord by law or under the rental agreement. This
may also be raised as a defense to a suit by the
landlord to evict. |
Publication |
Decent Housing Is a Right |
WISCONSIN |
Citation |
Wisconsin Stats §704.07, |
Highlights |
The landlord must:
· Keep in a reasonable state of repair
portions of the premises over which the landlord
maintains control
· Keep in a reasonable state of repair all
equipment under the landlord’s control necessary to
supply services that the landlord has expressly or
impliedly agreed to furnish to the tenant, such as heat,
water, elevator, or air conditioning
· Make all necessary structural repairs
· Except for residential premises subject
to a local housing code, repair or replace any plumbing,
electrical wiring, machinery, or equipment furnished
with the premises and no longer in reasonable working
condition
· For a residential tenancy, comply with
any local housing code applicable to the premises |
Remedy for breach |
Under §704.07, if the unit becomes untenantable as a
result of failure to maintain the premises adequately,
the tenant is entitled to vacate the premises or receive
a rent reduction if he remains in the premises until the
repair is made. |
Publication |
A Guide for Landlords and Tenants |
WYOMING |
Citation |
Wyoming Stats §§1-21-1202, 1-21-1206 |
Highlights |
Each owner and his agent renting or
leasing a residential rental unit must maintain that
unit in a safe and sanitary condition fit for human
habitation. Each residential rental unit must have
operational electrical, heating and plumbing, with hot
and cold running water unless otherwise agreed upon in
writing by both parties. The landlord may not rent the
unit unless it is rent the residential rental unit
unless it is reasonably safe, sanitary and fit for human
occupancy. The landlord must also maintain common areas
of the residential rental unit in a sanitary and
reasonably safe condition; maintain electrical systems,
plumbing, heating and hot and cold water; and Maintain
other appliances and facilities as specifically
contracted in the rental agreement. |
Remedy for breach |
Upon notice to the landlord and his
failure to repair, the tenant may file a civil suit for
damages and other relief, such as orders to make
repairs. |
Publication |
Landlord’s Duties to the Tenant |
|
© 2014 Landlord.com
Copyright
Warning, Disclaimer and
Permissions Information
|
