Nearly every state recognizes an implied promise that a rental will be fit to live in, called the warranty of habitability. A lease cannot generally waive it.
What habitability usually covers
- Working heat, plumbing and hot water.
- Safe electrical wiring.
- A structure that keeps out rain and weather.
- Reasonable protection from pests and mold caused by building conditions.
- Working locks and basic safety features such as smoke detectors.
Steps when something needs fixing
- Notify the landlord in writing, describe the problem and keep a copy.
- Take dated photos and keep a log of conversations.
- Allow a reasonable time for repairs, which is shorter for urgent issues such as no heat.
- If nothing happens, contact your local housing or code enforcement office to request an inspection.
- Consider your state's remedies, discussed below, before taking action on your own.
Possible remedies
Depending on the state, tenants may be able to withhold rent, pay for repairs and deduct the cost, seek a rent reduction in court or end the lease. These remedies have strict procedures, and using them wrongly can lead to eviction for nonpayment, so check your state's rules or ask a tenant organization before acting.
Protection from retaliation
Many states prohibit landlords from raising rent, cutting services or evicting a tenant in response to a good-faith repair request or code complaint. Keep records that show the timing of your complaint.
Frequently asked questions
Who pays if I caused the damage?
Tenants are generally responsible for damage they or their guests cause beyond normal wear and tear.
Can I just stop paying rent until it is fixed?
Only where your state allows rent withholding and you follow its steps. Otherwise you risk eviction.