“As Is” Clause in a Lease: Does It Waive Repairs? (State-by-State)
An “as is” clause says the tenant accepts the home in its current condition and the landlord makes no promises about it. These clauses are common, and many states still require landlords to keep a rental fit to live in, whatever the lease says. In some states that duty cannot be waived, while others allow more room. The table below shows what each state's law says about the landlord's duty and the tenant's remedies.
What it looks like in a lease
- “Tenant accepts the Premises in its present ‘as is’ condition and Landlord makes no warranties.”
- “Landlord has no obligation to make repairs or improvements before or during the tenancy.”
- “Tenant has inspected the unit and waives any claim based on its condition.”
Why it's a red flag
- A broad waiver may try to cover problems you could not see at the showing, like leaks, mold or faulty wiring.
- In some states a waiver of the landlord's basic duty to keep the home habitable is not enforceable, but it can still discourage you from asking for repairs.
- Without a record of the move-in condition, it is harder to show later that a problem was already there.
What to ask your landlord
- Can the landlord list known defects in writing and agree to fix them by a set date?
- Can the clause say the landlord still keeps the unit habitable as required by state law?
- Can we complete a move-in checklist with dated photos, signed by both of us?
State-by-state rules
This table summarizes the general repair and habitability rule, not any particular clause wording. Each row links to the statute. Data as of 2026-10-22.
- Alaska
- Landlord duty & tenant remedies
- The landlord must make all repairs needed to keep the premises fit and habitable, keep common areas clean and safe, keep electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen and other supplied facilities and appliances in good and safe working order, provide waste receptacles and removal, supply running water and reasonable hot water and heat at all times (insofar as energy conditions permit), provide locks and keys if requested, and provide smoke and carbon monoxide detectors (§ 34.03.100(a)). Narrow exceptions exist for rural homes without water or sewer and for written agreements that the tenant do specified duties in good faith (§ 34.03.100(b)-(e)). Remedies: after written notice of a material breach or a health and safety violation, the tenant may terminate if not fixed within 10 days (termination date at least 20 days after notice) and may recover damages or an injunction (§ 34.03.160); if the landlord fails to supply water, hot water, heat, sanitary facilities or essential services, the tenant may give written notice and then buy the service and deduct the cost from rent, recover diminished rental value, or find substitute housing (§ 34.03.180); the tenant may counterclaim and the court may reduce rent or order rent paid into court (§ 34.03.190).
- Arizona
- Landlord duty & tenant remedies
- Landlord must make all repairs needed to keep the premises fit and habitable. For minor defects costing less than $300 or half a month's rent (whichever is greater), after written notice and 10 days (sooner in emergencies) the tenant may have a licensed contractor do the work and deduct the reasonable cost from rent, with an itemized statement and lien waiver.
Source: A.R.S. §§ 33-1324, 33-1363
- California
- Landlord duty & tenant remedies
- Landlord must keep the unit habitable; tenant may repair-and-deduct up to one month's rent, at most twice in 12 months, after reasonable notice. Waivers of these rights are void. For leases entered into, amended or renewed on or after Jan 1, 2026, a working stove and refrigerator are part of habitability (AB 628).
- Colorado
- Landlord duty & tenant remedies
- Every rental agreement carries a warranty that the home is fit for human habitation. After reasonably complete written or electronic notice, the landlord must respond within 24 hours and start remedial action within 24 hours for conditions that materially interfere with life, health or safety, or within 96 hours for other uninhabitable conditions (when the tenant's notice gives permission to enter). Mold associated with dampness: contain it, stop the water source and install HEPA filtration within 96 hours.
Source: C.R.S. §§ 38-12-503, 38-12-505
- Connecticut
- Landlord duty & tenant remedies
- The landlord must comply with housing and building codes affecting health and safety, make all repairs needed to keep the premises fit and habitable (unless the tenant or a guest caused the damage), keep common areas clean and safe, maintain electrical, plumbing, heating and other supplied facilities, provide waste receptacles, and supply running water, reasonable hot water and reasonable heat (47a-7(a)). A lease cannot allow rent for a period when the landlord is not complying (47a-4a). After written notice of a material breach affecting health or safety, if it is not fixed within 15 days the tenant may end a term lease (longer than one month); a repeat within six months allows termination on 14 days' notice (47a-12). If the landlord fails to supply an essential service (heat, water, hot water, electricity, gas), the tenant may after notice buy it and deduct the cost from rent, find substitute housing if it is not restored within 48 hours, or, if the failure is wilful, end the lease and recover up to two months' rent or double actual damages, whichever is greater (47a-13). A tenant may also sue in housing court and pay rent into court after first complaining to the municipal housing or health agency at least 21 days earlier (47a-14h). The statute has no general repair-and-deduct right outside essential services.
Source: Conn. Gen. Stat. 47a-7, 47a-4a, 47a-12, 47a-13, 47a-14h
- Delaware
- Landlord duty & tenant remedies
- The landlord must comply with housing codes, provide a unit that does not endanger health or safety, keep common areas clean, make repairs to keep the unit in its original condition, and keep supplied electrical, plumbing and other facilities working. If the landlord does not fix a problem within 30 days of written notice (or start corrective steps within 10 days), the tenant may have the work done professionally and deduct up to $400 or half a month's rent, whichever is less, with receipts; not available to tenants behind on rent.
- District of Columbia
- Landlord duty & tenant remedies
- Every lease includes an implied warranty that the owner will keep the premises in compliance with the D.C. housing code. A landlord may not charge fees for work needed to meet that duty. A lease for a unit that is unsafe or unsanitary at the start of the tenancy (violations the owner knew or should have known of) is void.
Source: 14 DCMR §§ 301.1, 301.3, 302.1
- Florida
- Landlord duty & tenant remedies
- Landlord must comply with building, housing and health codes (or, where none apply, keep the structure and plumbing in good repair). If the landlord does not fix a material violation within 7 days after the tenant's written notice, the tenant may withhold rent (83.60) or end the lease (83.56).
- Georgia
- Landlord duty & tenant remedies
- For leases entered into or renewed on or after July 1, 2024, the lease is deemed to include a provision that the home is fit for human habitation, and the landlord must keep the premises in repair.
- Illinois
- Landlord duty & tenant remedies
- Implied warranty of habitability (Jack Spring v. Little, 1972). Repair-and-deduct for minor repairs up to $500 or half a month's rent, after 14 days' written notice.
Source: 765 ILCS 742
- Iowa
- Landlord duty & tenant remedies
- Landlord must comply with building and housing codes affecting health and safety, make repairs to keep the unit fit and habitable, keep common areas clean and safe, keep supplied electrical, plumbing, sanitary, heating, ventilating and air-conditioning facilities and appliances in safe working order, provide garbage receptacles and removal, and supply running water, reasonable hot water and heat. For a material breach the tenant may give written notice that the lease ends in at least 7 days unless the landlord fixes it within those 7 days.
- Kansas
- Landlord duty & tenant remedies
- Landlord must follow building and housing codes affecting health and safety, keep common areas safe, keep electrical, plumbing, heating, ventilating and air-conditioning appliances it supplies in good working order, and supply running water, reasonable hot water and heat. If the landlord fails materially, the tenant may give written notice that the lease ends in at least 30 days; it does not end if the landlord starts a good-faith repair within 14 days. Tenants may also sue for damages.
Source: K.S.A. 58-2553, 58-2559
- Kentucky
- Landlord duty & tenant remedies
- Landlord must keep the unit fit and habitable, follow health/safety codes, and maintain supplied systems and appliances (URLTA areas). If the landlord willfully fails to fix a health/safety problem within 14 days of written notice, the tenant may have it repaired and deduct the cost, up to $100 or half a month's rent, whichever is greater.
Source: KRS 383.595, 383.635
- Louisiana
- Landlord duty & tenant remedies
- The landlord must make all repairs needed to keep the home suitable for its purpose, except damage caused by the tenant's fault or use beyond normal wear (arts. 2691, 2692). If the landlord fails to repair within a reasonable time after the tenant's demand, the tenant may have the repair made and get reimbursed or deduct the cost from rent, to the extent the repair was necessary and the cost reasonable (art. 2694). In a residential lease, the warranty against defects that seriously affect health or safety cannot be waived (art. 2699(3)).
- Maine
- Landlord duty & tenant remedies
- Every rental carries an implied warranty that the unit is fit for human habitation; a tenant who is current on rent and gave written notice may sue if the landlord unreasonably fails to fix a dangerous condition (§ 6021). For a dangerous condition costing less than $500 or half a month's rent (whichever is greater), the tenant may notify the landlord in writing by certified mail and, if the landlord does not act within 14 days, have the work done professionally and deduct the cost from rent (§ 6026; not for buildings of 5 or fewer units where the landlord lives in one).
Source: 14 M.R.S. §§ 6021, 6026
- Maryland
- Landlord duty & tenant remedies
- A landlord is deemed to warrant the unit is fit for human habitation throughout the tenancy; tenant may sue for damages and rent abatement or withhold rent as a defense after notice and a reasonable time to repair.
- Massachusetts
- Landlord duty & tenant remedies
- Where a violation of the state sanitary code or similar standard that may endanger or impair a tenant's health, safety or well-being has been certified by the board of health, a local code enforcement agency or a court, and the owner was notified in writing and has not begun the repairs (or contracted for them in writing) within 5 days and substantially completed them, the tenant may repair or have the defect repaired and deduct the cost from rent, or treat the lease as ended, pay only fair value for use and occupancy and leave within a reasonable time. Deductions cannot exceed four months' rent in any 12-month period; the right does not extend to conditions the tenant or a guest caused, or if the tenant unreasonably denied access for repairs. In an eviction for non-payment the tenant may raise breach of warranty, breach of the lease or violation of any law as a defense or counterclaim, and proof of a code violation creates a presumption that the condition existed; the tenant must show the landlord knew of the conditions before the rent was in arrears. A lease waiver of the § 127L rights is void (except certain two-year repair-for-lower-rent leases).
- Michigan
- Landlord duty & tenant remedies
- In every lease or license of residential premises the landlord covenants that the premises and all common areas are fit for their intended use, to keep them in reasonable repair during the term, and to comply with applicable state and local health and safety laws, unless the problem was caused by the tenant's wilful or irresponsible conduct. The parties may modify these duties only if the lease has a current term of at least 1 year. The covenants are liberally construed (554.139). A lease may not waive or alter the tenant's remedies when the premises violate these covenants (554.633(1)(a)). Under the Housing Law, where a city's enforcing agency withholds or suspends a certificate of compliance, rent is suspended and paid into an escrow account (125.530). A statutory repair-and-deduct right was not found in the statutes checked. A tenant may leave an untenantable building destroyed or injured without their fault and owes no rent after surrender, unless the lease expressly says otherwise in writing (554.201).
- Minnesota
- Landlord duty & tenant remedies
- In every residential lease the landlord covenants that the premises and common areas are fit for their intended use, kept in reasonable repair (including pest extermination), and compliant with health and safety codes, and must provide heat to at least 68°F from Oct 1 through Apr 30. These covenants cannot be waived; tenant-performed repairs require a conspicuous written agreement with adequate consideration. Tenants may use rent escrow with the court (after 14 days' written notice for most violations).
- Missouri
- Landlord duty & tenant remedies
- Repair-and-deduct: a tenant who has lived there 6+ consecutive months, is current on rent and has no uncured written lease-violation notice may fix a local housing/building-code violation affecting habitability, sanitation or security if the landlord doesn't within 14 days of written notice. Cap: the greater of $300 or half a month's rent, never more than one month's rent; deduct with itemized receipts. If the landlord disputes in writing, the tenant first needs city/government certification of the code violation. A lease cannot waive this right.
Source: RSMo § 441.234
- Montana
- Landlord duty & tenant remedies
- The landlord must comply with building and housing codes materially affecting health and safety in effect at original construction (units built after July 1, 1977), make repairs and do whatever is necessary to keep the premises fit and habitable, keep common areas clean and safe, maintain electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other supplied facilities in good and safe working order, provide waste receptacles and removal, supply running water, reasonable hot water at all times and reasonable heat between October 1 and May 1, and install carbon monoxide and smoke detectors and verify they work at move-in (§ 70-24-303). The parties may agree in writing that the tenant does specified repairs only if done in good faith and not to evade the landlord's duties (§ 70-24-303(3)-(4)). Remedies if the landlord does not comply on a health or safety matter: written notice that the lease will end no sooner than 30 days after receipt if the breach is not fixed within 14 days (3 working days after notice in an emergency); or make repairs costing no more than 1 month's rent and deduct the cost from rent after notice and a reasonable time (repair-and-deduct) (§ 70-24-406). If the landlord purposefully or negligently fails to supply heat, water, electricity, gas or other essential services, the tenant may, after notice, buy the service and deduct its cost, recover diminished rental value, or get substitute housing and owe no rent for that period (§ 70-24-408). Deliberate lockout or interruption of essential services lets the tenant recover possession or terminate and recover up to 3 months' rent or treble damages, whichever is greater (§ 70-24-411).
- Nevada
- Landlord duty & tenant remedies
- Landlord must keep the unit habitable at all times: housing/health codes, weatherproofing, plumbing, hot and cold water, heating, electrical, garbage removal, pest-free common areas, and landlord-supplied ventilation/AC and elevators. Tenant repair duties can be agreed only in good faith, not because the landlord refused a required repair.
Source: NRS 118A.290
- New Jersey
- Landlord duty & tenant remedies
- Under the rent receivership law, a tenant or a municipal public officer can ask the court to have rents paid into court and used to fix a lack of heat, running water, light, electricity or adequate sewage disposal, any other substantial violation of state or local housing or health codes, or any condition dangerous to life, health or safety. The condition must first be brought to the owner's attention and left unfixed for a reasonable time. Rent deposited under such a judgment is a defense to eviction for nonpayment (2A:42-87, 88, 90, 92). Owner-occupied premises with no more than 2 rental units are excluded (2A:42-86(d)). The common-law warranty of habitability, rent withholding and repair-and-deduct are court-made rules that are not in the statutes and are not covered here.
Source: N.J.S.A. 2A:42-85 to 2A:42-92
- New York
- Landlord duty & tenant remedies
- Every lease includes a warranty of habitability that cannot be waived.
Source: N.Y. Real Prop. Law § 235-b
- North Carolina
- Landlord duty & tenant remedies
- Landlord must keep the home fit and habitable; this duty cannot be waived.
Source: N.C.G.S. § 42-42
- North Dakota
- Landlord duty & tenant remedies
- A residential landlord must comply with building and housing codes materially affecting health and safety; make all repairs needed to keep the premises fit and habitable; keep common areas clean and safe; keep electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other supplied facilities and appliances in good and safe working order; provide waste receptacles and removal; and supply running water, reasonable hot water and reasonable heat (with exceptions). A reasonable time is allowed to remedy noncompliance (§ 47-16-13.1(1)-(2)). If the landlord neglects, within a reasonable time after the tenant's notice, to make repairs the landlord ought to make, the tenant may repair and deduct the cost from rent, recover it in any other lawful manner, or vacate and be discharged from further rent (§ 47-16-13). The tenant may also terminate the lease if the landlord does not put the property into good condition or repair it within a reasonable time after request (§ 47-16-17). Landlord and tenant of a single-family residence may agree in writing that the tenant performs some duties; for other units only by a separate signed writing in good faith (§ 47-16-13.1(4)-(6)). Tenants have their own upkeep duties (§ 47-16-13.2). Aggrieved parties may recover damages and must mitigate; the court may award attorney's fees to the prevailing party (§§ 47-16-13.5, 47-16-13.6).
Source: N.D.C.C. §§ 47-16-13, 47-16-13.1, 47-16-13.2, 47-16-13.5, 47-16-13.6, 47-16-17
- Ohio
- Landlord duty & tenant remedies
- Landlord must keep the premises fit and habitable. After 30 days' written notice, a current tenant may pay rent to the court (rent escrow).
- Oregon
- Landlord duty & tenant remedies
- Landlord must keep the dwelling habitable (weatherproofing, plumbing, heat, electricity, locks, smoke and CO alarms, and cooling in buildings permitted after April 1, 2024, among others).
Source: ORS 90.320
- Pennsylvania
- Landlord duty & tenant remedies
- Implied warranty of habitability (Pugh v. Holmes, 1979); rent withholding is possible in limited cases.
Source: Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)
- South Carolina
- Landlord duty & tenant remedies
- Landlord must comply with building and housing codes affecting health and safety, make repairs to keep the premises fit and habitable, keep common areas safe, supply running water, reasonable hot water and heat, and keep supplied appliances and systems (electrical, plumbing, heating, A/C) in safe working order. Tenant repair agreements are allowed only in good faith (narrower rules outside single-family homes). After written notice, the tenant may terminate if a material breach is not fixed within 14 days, or for essential services buy them and deduct the cost from rent.
- South Dakota
- Landlord duty & tenant remedies
- The landlord must keep the premises and common areas in reasonable repair, fit for human habitation and in good and safe working order, and must maintain all electrical, plumbing and heating systems, unless the tenant (or someone under the tenant's control) caused the disrepair; this cannot be waived or modified, though the parties may agree the tenant does specified repairs in lieu of rent (§ 43-32-8). If the landlord neglects to repair within a reasonable time after notice, the tenant may repair and deduct the cost from rent or recover it from the landlord, or vacate and be freed from further rent. If the repairs cost more than one month's rent, after written notice stating the reason the tenant may withhold rent and deposit it in a separate bank or savings and loan account for the repairs (§ 43-32-9). If the landlord unlawfully locks the tenant out or willfully cuts off electric, gas, water or other essential service, the tenant may sue for an injunction, recover possession, or terminate, and recover two months' rent in damages plus any advance rent and deposit (§ 43-32-6). The tenant must keep the premises in good condition and repair damage the tenant causes (§ 43-32-10).
- Tennessee
- Landlord duty & tenant remedies
- Landlord must comply with health and safety codes, make repairs needed to keep the premises fit and habitable, and keep common areas clean and safe.
Source: Tenn. Code Ann. § 66-28-304
- Texas
- Landlord duty & tenant remedies
- Landlord must repair conditions that materially affect health or safety after notice (tenant current on rent). Tenant remedies include repair-and-deduct up to the greater of one month's rent or $500, ending the lease, or a court order.
- Utah
- Landlord duty & tenant remedies
- Landlord must keep the unit fit for human habitation and maintain electrical, plumbing, heating, hot and cold water, and any air conditioning. After written notice, the landlord has 3 calendar days to start fixing a habitability problem (10 days for a lease requirement). If they don't, the tenant can use the remedy named in the notice: rent abatement (lease ends, full deposit back) or repair-and-deduct up to two months' rent. Dangerous conditions require action within 24 hours. The tenant must be current on rent and otherwise compliant (57-22-5). Note: duties can be shifted to the other party by an explicit written agreement signed by both (57-22-3(4)).
- Virginia
- Landlord duty & tenant remedies
- Landlord must comply with building and housing codes materially affecting health and safety, make all repairs needed to keep the premises fit and habitable, and keep supplied electrical, plumbing, heating and air-conditioning facilities in good working order. If the landlord fails to fix a serious condition after written notice, the tenant may file a rent-escrow assertion in general district court, paying rent into court within 5 days of the due date; a delay of more than 30 days after notice is presumed unreasonable.
Source: Va. Code §§ 55.1-1220, 55.1-1244
- Washington
- Landlord duty & tenant remedies
- Landlord must keep the unit fit for habitation (codes, structure, pests, locks, heat, water, etc.). After written notice, repairs must start within 24 hours (no heat, water, electricity or imminent hazard), 72 hours (fridge, stove/oven, major plumbing) or 10 days (other). If not, remedies include repair-and-deduct (licensed contractor: up to 2 months' rent per repair and per 12 months; tenant self-repair: up to 1 month's rent).
- West Virginia
- Landlord duty & tenant remedies
- Landlord must deliver the unit fit and habitable and keep it so, meet applicable health, safety, fire and housing codes, keep common areas of multi-unit buildings clean, safe and in repair, make necessary repairs (unless caused mainly by the tenant's lack of reasonable care), keep electrical, plumbing, sanitary, heating, ventilating and air-conditioning systems and supplied appliances in good working order, and supply running water, reasonable hot water, and reasonable heat from October 1 to April 30 (unless the tenant controls the installation). The landlord need not make repairs while the tenant is in rent arrears. The statute does not itself set out a repair-and-deduct or termination remedy.
Source: W. Va. Code § 37-6-30
- Wisconsin
- Landlord duty & tenant remedies
- Unless the tenant caused the problem by negligence or improper use, the landlord must keep in reasonable repair the parts of the premises the landlord controls, keep equipment for services the landlord agreed to supply (such as heat, water, elevator, air conditioning) in reasonable repair, make necessary structural repairs, and in a residential tenancy comply with the local housing code (Wis. Stat. 704.07(2)). If a unit becomes untenantable, or a substantial violation materially affects the tenant's health or safety and the landlord does not promptly repair, the tenant may move out; if the tenant stays, rent abates in proportion to the loss of normal use, but the statute does not allow withholding all rent while in possession (704.07(4)). The landlord must disclose known, uncorrected housing or building code violations that pose a significant threat to health or safety before the lease or any deposit (704.07(2)(bm)); the statute lists no repair-and-deduct remedy.
- Wyoming
- Landlord duty & tenant remedies
- The owner or agent must maintain the unit in a safe, sanitary condition fit for human habitation, with operational electrical, heating and plumbing and hot and cold running water unless both parties agree otherwise in writing (§ 1-21-1202(a)); the owner must not rent a unit unless reasonably safe, sanitary and fit for human occupancy, maintain common areas, maintain electrical, plumbing, heating and hot and cold water, and maintain other appliances and facilities specifically contracted for (§ 1-21-1203(a)). The article does not apply to conditions that do not materially affect the physical health or safety of an ordinary renter (§ 1-21-1202(c)). A renter who is current on the article's standards must give the owner written notice (by certified mail or the § 1-21-1003 method) of the condition and the remedy requested; within a reasonable time the owner must start correcting it or give written notice that the claim is disputed (§ 1-21-1203(b)). If the owner does not respond or correct, the renter may serve a "notice to repair or correct condition" stating that the renter will seek redress in court if the owner does not begin corrective action within 3 days, and may then sue in circuit court; the court may award costs, damages (including rent improperly retained) and affirmative relief such as ending the lease or ordering repairs (§ 1-21-1206). The statute provides no repair-and-deduct or rent-withholding remedy. The owner need not fix conditions caused by the renter, household or guests, and may refuse to repair and terminate the lease if repair costs are unreasonable in light of the rent, property or agreement, giving the renter 10 to 20 days' written notice to find housing and refunding prepaid rent and deposit (§ 1-21-1203(c), (d)). The owner is not liable for mental suffering or anguish (§ 1-21-1203(e)).
Cities and counties can add stricter rules (e.g. Chicago, New York City). Other states: coming soon.
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- Non-refundable security deposits
- Late fees
- Landlord entry without notice
- “Tenant pays all repairs” clauses
- Automatic renewal clauses
- Rent increase clauses
- Waivers of tenant rights
- Move-out cleaning & carpet fees
- Notice to move out
- “Landlord not liable” & other void clauses
- Security deposit earns no interest
- Pet deposits, pet fees & pet rent
- No grace period & daily late fees
General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.