Verified on

What is the Warranty of Habitability?

Landlord tenant law in the United States requires all home rentals to be kept in good condition no matter what.

Every state has it’s own version of what is legally referred to as an implied warranty of habitability, or your right to live in a safe and comfortable home. Each state’s law has different specifics, but they generally give every renter the right to:

  • A building where all code requirements are met
  • A home free from pest infestation
  • Locking doors and windows
  • Functioning electricity and plumbing
  • Functioning smoke detectors
  • Heat when it’s cold
  • Hot water and clean drinking water

The warranty of habitability is referred to as implied because, even if it is not specifically mentioned in a residential lease, all residential leases are bound by it.

It is both the tenant and the landlord’s responsibility to maintain a unit in a way that meets the implied warranty of habitability. If your landlord’s negligence is causing your unit to be uninhabitable, there are steps you can take to have the needed repairs made. If all else fails you can also sue your landlord or property manager for damages.

Did you find this to be helpful?

Can’t find your question?

Have a specific question that's not answered in one of our Learn articles? Submit it here and we might be able to create a new article.