Tenant Pays All Pest Control in a Lease: Is It Legal? (State-by-State)

Some leases make the tenant responsible for all pest, bed bug and rodent extermination, even when the problem was there before move-in or comes from the building. Many states require landlords to keep rentals habitable, and how that applies to infestations varies. The table below shows what each state's law says about landlord duties and tenant remedies.

What it looks like in a lease

“Tenant shall pay for all extermination of insects, rodents and other pests during the term.”
“Tenant is responsible for bed bug treatment and any resulting costs to adjacent units.”
“Landlord provides no pest control services; any infestation is Tenant's responsibility.”

Why it's a red flag

An infestation that comes from the building or neighboring units is generally not something a single tenant can control.
Blanket clauses may make you pay for a problem that existed before you moved in.
Bed bug clauses can add liability for treating neighboring units, which can be very expensive.

What to ask your landlord

Can the clause cover only infestations caused by me or my guests?
Who pays for treatment of a pre-existing or building-wide problem?
Can we record any pests or signs of them in a signed move-in checklist?

State-by-state rules

The table shows each state's general repair and habitability rule, not rules written specifically for pests. Check the cited statute. Each row links to the statute. Data as of 2026-10-22.

Alabama
Landlord duty & tenant remedies
The landlord must comply with building and housing codes materially affecting health and safety, make all repairs needed to keep the premises habitable, keep common areas clean and safe, keep electrical, plumbing, sanitary, heating, ventilating and air-conditioning facilities and appliances in good and safe working order, arrange trash removal and supply running water, reasonable hot water and reasonable heat (35-9A-204(a)). For a material breach affecting health and safety the tenant may give written notice that the lease ends no sooner than 14 days after receipt if not remedied (35-9A-401(a)); damages and injunction available (35-9A-401(b)). No repair-and-deduct remedy found; tenant may not withhold rent while in possession to enforce rights (35-9A-164).
Source: Ala. Code 35-9A-204, 35-9A-401, 35-9A-404, 35-9A-164
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).
Source: AS 34.03.100, 34.03.160, 34.03.180, 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
Arkansas
Landlord duty & tenant remedies
For leases entered into or renewed after Nov 1, 2021, Arkansas implies minimum quality standards: hot and cold running water, electricity, potable drinking water, sanitary sewer and plumbing meeting codes at time of installation, a functioning roof and building envelope, and functioning heating and air conditioning where they served the unit when leased (18-17-502(a)). The tenant must give written notice (certified mail or the lease's method); if rent is current and the landlord does not fix the problem within 30 calendar days of receiving it, the tenant's sole remedy is to end the lease without penalty and get back a recoverable deposit (18-17-502(d)). The tenant may not withhold or offset rent for these defects (18-17-502(d)(3)(B)). No repair-and-deduct remedy is provided. Lease terms contrary to these standards are overridden unless the tenant agrees in writing to do the renovation (18-17-502(b)); waivers are barred (18-17-502(g)).
Source: Ark. Code 18-17-502, 18-17-601
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).
Source: Cal. Civ. Code §§ 1941.1, 1942, 1942.1
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.
Source: Del. Code tit. 25, §§ 5305(a), 5307
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).
Source: Fla. Stat. §§ 83.51, 83.56, 83.60
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.
Source: O.C.G.A. § 44-7-13 (as amended by HB 404, 2024)
Hawaii
Landlord duty & tenant remedies
The landlord must at all times comply with building and housing laws materially affecting health and safety, keep common areas clean and safe, make repairs needed to keep the premises habitable, keep landlord-supplied electrical, plumbing and other facilities and appliances in good working order, and (except single-family homes) provide rubbish receptacles and removal and running water (HRS 521-42(a)). Before first occupancy the landlord must inventory the premises in a written record signed by both parties; without it, condition at move-out is rebuttably presumed the same as at move-in (521-42(a)). Repair and deduct: after written notice of a defect in material noncompliance with 521-42(a), the landlord must commence repairs within 12 business days; for electrical, plumbing or other facilities needed for sanitary and habitable conditions the landlord must commence within 3 business days of oral or written notice (521-64(c)). If the landlord fails, the tenant may do or have the work done and deduct from rent up to $1,000 or one month's rent, whichever is greater, with receipts (521-64(d)). For a health or safety violation noticed by a government agency, repairs must start within 7 calendar days (521-64(a)-(b)). The tenant must list all known conditions in the first notice; unlisted conditions are barred for 6 months and landlord-paid repairs are capped at 3 months' rent per 6-month period (521-64(e)). Termination: if a condition deprives the tenant of a substantial part of the benefit of the bargain and the landlord does not remedy it within one week of written notice, the tenant may terminate; no notice needed if the unit is uninhabitable or poses an imminent threat to health or safety (521-63(a)).
Source: HRS 521-42, 521-63, 521-64
Idaho
Landlord duty & tenant remedies
A tenant may sue the landlord for damages or specific performance for: failure to provide reasonable waterproofing and weather protection; failure to maintain in good working order the electrical, plumbing, heating, ventilating, cooling and sanitary facilities supplied by the landlord; maintaining premises in a manner hazardous to health or safety; breach of a lease term materially affecting health or safety; failure to install approved smoke detectors (6-320(a)). Before the tenant has standing to sue, the tenant must give the landlord 3 days' written notice listing each failure or breach and demanding cure; if not cured within 3 days after service, the tenant may sue (6-320(d)); service by personal delivery, to an employee at the place of business, or certified mail (6-323). Damages can be trebled (6-317). Smoke detectors: after certified-mail notice and 72 hours without installation the tenant may install them and deduct the cost from next month's rent (6-320(a)(6)); no other repair-and-deduct or rent-withholding right found in the sections read.
Source: Idaho Code 6-320, 6-323, 6-317
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
Indiana
Landlord duty & tenant remedies
The landlord must deliver the unit in a safe, clean and habitable condition, comply with health and housing codes, keep common areas clean, and keep electrical, plumbing (hot and cold running water), sanitary, heating/ventilation/air-conditioning, elevator and supplied appliances in good and safe working condition (IC 32-31-8-5). The tenant must first give the landlord notice and a reasonable time to repair, and must allow access; a tenant who then wins may recover actual and consequential damages, attorney's fees and court costs, and injunctive relief (IC 32-31-8-6). No repair-and-deduct or rent-withholding statute was found in IC 32-31.
Source: IC 32-31-8-5, 8-6
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.
Source: Iowa Code §§ 562A.15(1), 562A.21(1)
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)).
Source: La. Civ. Code arts. 2682, 2691, 2692, 2694, 2699
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.
Source: Md. Code, Real Prop. §§ 8-211, 8-212
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).
Source: M.G.L. c. 111, § 127L; c. 239, § 8A
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).
Source: MCL 554.139, 554.633(1)(a), 125.530, 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).
Source: Minn. Stat. §§ 504B.161, 504B.385
Mississippi
Landlord duty & tenant remedies
The landlord must at all times during the tenancy comply with applicable building and housing codes materially affecting health and safety, and maintain the dwelling unit and its plumbing and heating and/or cooling system in substantially the same condition as at the start of the lease, excluding reasonable wear and tear, unless damage results from the tenant's deliberate or negligent actions (89-8-23(1)). The parties may agree in writing that the tenant performs some or all of these duties, but only in good faith and subject to 89-8-5 (89-8-23(3)). Repair and deduct: if the landlord fails to repair a specific, material defect within 30 days after written notice, the tenant may make the repair and is entitled to reimbursement within 45 days after submitting receipted bills, provided the tenant has met the tenant duties in 89-8-25, the repair cost is at most one month's rent, the tenant has not used the remedy in the preceding 6 months, and the tenant is current in rent; reimbursement is limited to the usual and customary charge and the cost may be offset against future rent (89-8-15(1), (2), (4)). If the landlord materially breaks the Act or the lease, the tenant may give written notice that the agreement will end on a date at least 14 days after receipt if the breach is not remedied within a reasonable time of at most 14 days (89-8-13(2), (3)).
Source: 89-8-23, 89-8-15, 89-8-13(2)-(3)
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).
Source: MCA §§ 70-24-303, 70-24-406, 70-24-408, 70-24-411
Nebraska
Landlord duty & tenant remedies
The landlord must, after written or actual notice, make repairs to keep the premises fit and habitable, comply with minimum housing and safety requirements, keep common areas clean and safe, maintain electrical, plumbing, sanitary, heating, ventilating and air conditioning facilities and appliances, and supply running water, reasonable hot water and heat (76-1419(1)). For material noncompliance affecting health and safety the tenant may give written notice and terminate if not remedied within 14 days (termination not less than 30 days after receipt) and recover damages (76-1425). If the landlord fails to supply water, hot water, heat or essential services, the tenant may after written notice procure them and deduct the cost from rent, claim damages, or obtain substitute housing (76-1427). No general repair-and-deduct for other repairs found.
Source: Neb. Rev. Stat. 76-1419, 76-1425, 76-1427
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 Hampshire
Landlord duty & tenant remedies
Standards of fitness are set by RSA 48-A (and local codes). Where a municipality has not adopted codes, a landlord may not keep premises with e.g. rodent/insect infestation, defective plumbing, exposed wires or electrical danger, consistently leaking roof/walls, structurally unsound porches/stairs, inadequate water supply or heat, gas leaks, or heating unable to maintain 65 degrees F (RSA 48-A:14). A landlord must investigate a tenant's infestation report within 7 days (540-A:3, V-a). Defence to eviction for nonpayment: no possession action based on nonpayment can be maintained if the premises substantially violate the fitness standards and materially affect habitability, provided the tenant (not in arrears) proves by clear and convincing evidence notice to the person to whom he pays rent, the landlord failed to correct within 14 days of written notice (or promptly in an emergency), the tenant did not cause the violation, and the tenant did not block repairs (540:13-d, I); the court may continue the case up to one month and require rent to be paid into court (540:13-d, II). Tenants may also petition the district court under RSA 540-A:4 for damages for breach of the warranty of habitability. No repair-and-deduct statute found.
Source: RSA 48-A:14; 540:13-d; 540-A:3, V-a; 540-A:4, VII
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 Mexico
Landlord duty & tenant remedies
The owner must substantially comply with housing codes affecting health and safety, make repairs, and keep plumbing, electrical, heating and similar facilities in good working order (47-8-20(A)). After written notice and 7 days without repair, the resident may terminate or abate rent: one-third of the daily rent, or 100% if the unit is uninhabitable and vacated (47-8-27.1, 27.2).
Source: NMSA 47-8-20, 47-8-27.1, 47-8-27.2
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).
Source: Ohio Rev. Code §§ 5321.04, 5321.07
Oklahoma
Landlord duty & tenant remedies
The landlord must keep common areas clean, safe and sanitary (except single-family residences), make all repairs needed to keep the unit and premises fit and habitable, and keep electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other supplied facilities and appliances in good and safe working order (§ 118(A)(1)-(3)). Tenant remedies (§ 121): after a written notice of a material noncompliance affecting health or safety, the lease terminates on a date not less than 30 days after receipt if the breach is not remedied within 14 days (§ 121(A)); repair-and-deduct: for a health-affecting breach remediable by repairs costing no more than one month's rent, the tenant gives written notice of intent to fix it after 14 days (sooner as promptly as conditions require in an emergency) and may then deduct the actual and reasonable cost with an itemized statement (§ 121(B)); failure to supply heat, running water, hot water, electric, gas or other essential service: tenant may terminate, procure the service and deduct, recover damages, or obtain substitute housing (§ 121(C)); uninhabitable or imminent threat: immediate termination on written notice (§ 121(D)). Tenant rights under § 121 do not arise until written notice is given, or if the tenant caused the condition (§ 121(E)).
Source: 41 O.S. § 118(A), § 121(A)-(E)
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)
Rhode Island
Landlord duty & tenant remedies
The landlord must comply with building and housing codes affecting health and safety, make 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 in good working order, provide trash receptacles, supply running water, reasonable hot water and heat (heat between October 1 and May 1 as required by 45-24.3-9), and carry general liability insurance of at least $100,000, giving the tenant a copy of the declaration page (34-18-22(a)). Repair and deduct: if the cost of compliance is under $500 in aggregate per year, the tenant may notify the landlord in writing, and if the landlord fails to comply within 20 days (or promptly in an emergency) have the repair done in a skilled manner and deduct the actual reasonable cost from rent, submitting an itemized statement (34-18-30). The landlord must disclose in writing at or before the start of the tenancy the name and address of the person authorized to manage the premises and of the owner or agent for service of process (34-18-20).
Source: R.I. Gen. Laws 34-18-20, 34-18-22(a), 34-18-30
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.
Source: S.C. Code Ann. § 27-40-440, 27-40-610, 27-40-630
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).
Source: SDCL §§ 43-32-6, 43-32-8, 43-32-9, 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.
Source: Tex. Prop. Code §§ 92.052, 92.056, 92.0561
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)).
Source: Utah Code §§ 57-22-3, 57-22-4(1), 57-22-6
Vermont
Landlord duty & tenant remedies
In every residential rental agreement the landlord is deemed to warrant and maintain, throughout the tenancy, premises that are safe, clean and fit for human habitation and that comply with building, housing and health regulations; the landlord must also ensure a reasonable amount of heat at all times and adequate water with hot and cold lines (heat and water duties do not apply to units rented for summer occupancy or as hunting camps). Waiver of the warranty is void (§ 4457). If the landlord, after actual notice from the tenant, a governmental entity or a qualified independent inspector, fails to make repairs within a reasonable time and the problem materially affects health and safety, the tenant may withhold rent for the period of noncompliance, seek an injunction, recover damages, costs and attorney's fees, or terminate on reasonable notice; these remedies are not available if the tenant or a person on the premises with the tenant's consent caused the problem (§ 4458). For minor defects, if the landlord fails to repair within 30 days after notice, the tenant may repair and deduct the actual reasonable cost, up to one-half of one month's rent, after giving the landlord actual notice of the cost (§ 4459).
Source: 9 V.S.A. § 4457; § 4458; § 4459
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).
Source: RCW 59.18.060, 59.18.070, 59.18.100
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.
Source: Wis. Stat. 704.07, 704.08, ATCP 134.04
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)).
Source: W.S. 1-21-1202, 1-21-1203, 1-21-1206

State	Landlord duty & tenant remedies	Source
Alabama	The landlord must comply with building and housing codes materially affecting health and safety, make all repairs needed to keep the premises habitable, keep common areas clean and safe, keep electrical, plumbing, sanitary, heating, ventilating and air-conditioning facilities and appliances in good and safe working order, arrange trash removal and supply running water, reasonable hot water and reasonable heat (35-9A-204(a)). For a material breach affecting health and safety the tenant may give written notice that the lease ends no sooner than 14 days after receipt if not remedied (35-9A-401(a)); damages and injunction available (35-9A-401(b)). No repair-and-deduct remedy found; tenant may not withhold rent while in possession to enforce rights (35-9A-164).	Ala. Code 35-9A-204, 35-9A-401, 35-9A-404, 35-9A-164
Alaska	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).	AS 34.03.100, 34.03.160, 34.03.180, 34.03.190
Arizona	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.	A.R.S. §§ 33-1324, 33-1363
Arkansas	For leases entered into or renewed after Nov 1, 2021, Arkansas implies minimum quality standards: hot and cold running water, electricity, potable drinking water, sanitary sewer and plumbing meeting codes at time of installation, a functioning roof and building envelope, and functioning heating and air conditioning where they served the unit when leased (18-17-502(a)). The tenant must give written notice (certified mail or the lease's method); if rent is current and the landlord does not fix the problem within 30 calendar days of receiving it, the tenant's sole remedy is to end the lease without penalty and get back a recoverable deposit (18-17-502(d)). The tenant may not withhold or offset rent for these defects (18-17-502(d)(3)(B)). No repair-and-deduct remedy is provided. Lease terms contrary to these standards are overridden unless the tenant agrees in writing to do the renovation (18-17-502(b)); waivers are barred (18-17-502(g)).	Ark. Code 18-17-502, 18-17-601
California	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).	Cal. Civ. Code §§ 1941.1, 1942, 1942.1
Colorado	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.	C.R.S. §§ 38-12-503, 38-12-505
Connecticut	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.	Conn. Gen. Stat. 47a-7, 47a-4a, 47a-12, 47a-13, 47a-14h
Delaware	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.	Del. Code tit. 25, §§ 5305(a), 5307
District of Columbia	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.	14 DCMR §§ 301.1, 301.3, 302.1
Florida	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).	Fla. Stat. §§ 83.51, 83.56, 83.60
Georgia	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.	O.C.G.A. § 44-7-13 (as amended by HB 404, 2024)
Hawaii	The landlord must at all times comply with building and housing laws materially affecting health and safety, keep common areas clean and safe, make repairs needed to keep the premises habitable, keep landlord-supplied electrical, plumbing and other facilities and appliances in good working order, and (except single-family homes) provide rubbish receptacles and removal and running water (HRS 521-42(a)). Before first occupancy the landlord must inventory the premises in a written record signed by both parties; without it, condition at move-out is rebuttably presumed the same as at move-in (521-42(a)). Repair and deduct: after written notice of a defect in material noncompliance with 521-42(a), the landlord must commence repairs within 12 business days; for electrical, plumbing or other facilities needed for sanitary and habitable conditions the landlord must commence within 3 business days of oral or written notice (521-64(c)). If the landlord fails, the tenant may do or have the work done and deduct from rent up to $1,000 or one month's rent, whichever is greater, with receipts (521-64(d)). For a health or safety violation noticed by a government agency, repairs must start within 7 calendar days (521-64(a)-(b)). The tenant must list all known conditions in the first notice; unlisted conditions are barred for 6 months and landlord-paid repairs are capped at 3 months' rent per 6-month period (521-64(e)). Termination: if a condition deprives the tenant of a substantial part of the benefit of the bargain and the landlord does not remedy it within one week of written notice, the tenant may terminate; no notice needed if the unit is uninhabitable or poses an imminent threat to health or safety (521-63(a)).	HRS 521-42, 521-63, 521-64
Idaho	A tenant may sue the landlord for damages or specific performance for: failure to provide reasonable waterproofing and weather protection; failure to maintain in good working order the electrical, plumbing, heating, ventilating, cooling and sanitary facilities supplied by the landlord; maintaining premises in a manner hazardous to health or safety; breach of a lease term materially affecting health or safety; failure to install approved smoke detectors (6-320(a)). Before the tenant has standing to sue, the tenant must give the landlord 3 days' written notice listing each failure or breach and demanding cure; if not cured within 3 days after service, the tenant may sue (6-320(d)); service by personal delivery, to an employee at the place of business, or certified mail (6-323). Damages can be trebled (6-317). Smoke detectors: after certified-mail notice and 72 hours without installation the tenant may install them and deduct the cost from next month's rent (6-320(a)(6)); no other repair-and-deduct or rent-withholding right found in the sections read.	Idaho Code 6-320, 6-323, 6-317
Illinois	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.	765 ILCS 742
Indiana	The landlord must deliver the unit in a safe, clean and habitable condition, comply with health and housing codes, keep common areas clean, and keep electrical, plumbing (hot and cold running water), sanitary, heating/ventilation/air-conditioning, elevator and supplied appliances in good and safe working condition (IC 32-31-8-5). The tenant must first give the landlord notice and a reasonable time to repair, and must allow access; a tenant who then wins may recover actual and consequential damages, attorney's fees and court costs, and injunctive relief (IC 32-31-8-6). No repair-and-deduct or rent-withholding statute was found in IC 32-31.	IC 32-31-8-5, 8-6
Iowa	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.	Iowa Code §§ 562A.15(1), 562A.21(1)
Kansas	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.	K.S.A. 58-2553, 58-2559
Kentucky	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.	KRS 383.595, 383.635
Louisiana	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)).	La. Civ. Code arts. 2682, 2691, 2692, 2694, 2699
Maine	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).	14 M.R.S. §§ 6021, 6026
Maryland	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.	Md. Code, Real Prop. §§ 8-211, 8-212
Massachusetts	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).	M.G.L. c. 111, § 127L; c. 239, § 8A
Michigan	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).	MCL 554.139, 554.633(1)(a), 125.530, 554.201
Minnesota	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).	Minn. Stat. §§ 504B.161, 504B.385
Mississippi	The landlord must at all times during the tenancy comply with applicable building and housing codes materially affecting health and safety, and maintain the dwelling unit and its plumbing and heating and/or cooling system in substantially the same condition as at the start of the lease, excluding reasonable wear and tear, unless damage results from the tenant's deliberate or negligent actions (89-8-23(1)). The parties may agree in writing that the tenant performs some or all of these duties, but only in good faith and subject to 89-8-5 (89-8-23(3)). Repair and deduct: if the landlord fails to repair a specific, material defect within 30 days after written notice, the tenant may make the repair and is entitled to reimbursement within 45 days after submitting receipted bills, provided the tenant has met the tenant duties in 89-8-25, the repair cost is at most one month's rent, the tenant has not used the remedy in the preceding 6 months, and the tenant is current in rent; reimbursement is limited to the usual and customary charge and the cost may be offset against future rent (89-8-15(1), (2), (4)). If the landlord materially breaks the Act or the lease, the tenant may give written notice that the agreement will end on a date at least 14 days after receipt if the breach is not remedied within a reasonable time of at most 14 days (89-8-13(2), (3)).	89-8-23, 89-8-15, 89-8-13(2)-(3)
Missouri	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.	RSMo § 441.234
Montana	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).	MCA §§ 70-24-303, 70-24-406, 70-24-408, 70-24-411
Nebraska	The landlord must, after written or actual notice, make repairs to keep the premises fit and habitable, comply with minimum housing and safety requirements, keep common areas clean and safe, maintain electrical, plumbing, sanitary, heating, ventilating and air conditioning facilities and appliances, and supply running water, reasonable hot water and heat (76-1419(1)). For material noncompliance affecting health and safety the tenant may give written notice and terminate if not remedied within 14 days (termination not less than 30 days after receipt) and recover damages (76-1425). If the landlord fails to supply water, hot water, heat or essential services, the tenant may after written notice procure them and deduct the cost from rent, claim damages, or obtain substitute housing (76-1427). No general repair-and-deduct for other repairs found.	Neb. Rev. Stat. 76-1419, 76-1425, 76-1427
Nevada	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.	NRS 118A.290
New Hampshire	Standards of fitness are set by RSA 48-A (and local codes). Where a municipality has not adopted codes, a landlord may not keep premises with e.g. rodent/insect infestation, defective plumbing, exposed wires or electrical danger, consistently leaking roof/walls, structurally unsound porches/stairs, inadequate water supply or heat, gas leaks, or heating unable to maintain 65 degrees F (RSA 48-A:14). A landlord must investigate a tenant's infestation report within 7 days (540-A:3, V-a). Defence to eviction for nonpayment: no possession action based on nonpayment can be maintained if the premises substantially violate the fitness standards and materially affect habitability, provided the tenant (not in arrears) proves by clear and convincing evidence notice to the person to whom he pays rent, the landlord failed to correct within 14 days of written notice (or promptly in an emergency), the tenant did not cause the violation, and the tenant did not block repairs (540:13-d, I); the court may continue the case up to one month and require rent to be paid into court (540:13-d, II). Tenants may also petition the district court under RSA 540-A:4 for damages for breach of the warranty of habitability. No repair-and-deduct statute found.	RSA 48-A:14; 540:13-d; 540-A:3, V-a; 540-A:4, VII
New Jersey	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.	N.J.S.A. 2A:42-85 to 2A:42-92
New Mexico	The owner must substantially comply with housing codes affecting health and safety, make repairs, and keep plumbing, electrical, heating and similar facilities in good working order (47-8-20(A)). After written notice and 7 days without repair, the resident may terminate or abate rent: one-third of the daily rent, or 100% if the unit is uninhabitable and vacated (47-8-27.1, 27.2).	NMSA 47-8-20, 47-8-27.1, 47-8-27.2
New York	Every lease includes a warranty of habitability that cannot be waived.	N.Y. Real Prop. Law § 235-b
North Carolina	Landlord must keep the home fit and habitable; this duty cannot be waived.	N.C.G.S. § 42-42
North Dakota	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).	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 must keep the premises fit and habitable. After 30 days' written notice, a current tenant may pay rent to the court (rent escrow).	Ohio Rev. Code §§ 5321.04, 5321.07
Oklahoma	The landlord must keep common areas clean, safe and sanitary (except single-family residences), make all repairs needed to keep the unit and premises fit and habitable, and keep electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other supplied facilities and appliances in good and safe working order (§ 118(A)(1)-(3)). Tenant remedies (§ 121): after a written notice of a material noncompliance affecting health or safety, the lease terminates on a date not less than 30 days after receipt if the breach is not remedied within 14 days (§ 121(A)); repair-and-deduct: for a health-affecting breach remediable by repairs costing no more than one month's rent, the tenant gives written notice of intent to fix it after 14 days (sooner as promptly as conditions require in an emergency) and may then deduct the actual and reasonable cost with an itemized statement (§ 121(B)); failure to supply heat, running water, hot water, electric, gas or other essential service: tenant may terminate, procure the service and deduct, recover damages, or obtain substitute housing (§ 121(C)); uninhabitable or imminent threat: immediate termination on written notice (§ 121(D)). Tenant rights under § 121 do not arise until written notice is given, or if the tenant caused the condition (§ 121(E)).	41 O.S. § 118(A), § 121(A)-(E)
Oregon	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).	ORS 90.320
Pennsylvania	Implied warranty of habitability (Pugh v. Holmes, 1979); rent withholding is possible in limited cases.	Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)
Rhode Island	The landlord must comply with building and housing codes affecting health and safety, make 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 in good working order, provide trash receptacles, supply running water, reasonable hot water and heat (heat between October 1 and May 1 as required by 45-24.3-9), and carry general liability insurance of at least $100,000, giving the tenant a copy of the declaration page (34-18-22(a)). Repair and deduct: if the cost of compliance is under $500 in aggregate per year, the tenant may notify the landlord in writing, and if the landlord fails to comply within 20 days (or promptly in an emergency) have the repair done in a skilled manner and deduct the actual reasonable cost from rent, submitting an itemized statement (34-18-30). The landlord must disclose in writing at or before the start of the tenancy the name and address of the person authorized to manage the premises and of the owner or agent for service of process (34-18-20).	R.I. Gen. Laws 34-18-20, 34-18-22(a), 34-18-30
South Carolina	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.	S.C. Code Ann. § 27-40-440, 27-40-610, 27-40-630
South Dakota	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).	SDCL §§ 43-32-6, 43-32-8, 43-32-9, 43-32-10
Tennessee	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.	Tenn. Code Ann. § 66-28-304
Texas	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.	Tex. Prop. Code §§ 92.052, 92.056, 92.0561
Utah	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)).	Utah Code §§ 57-22-3, 57-22-4(1), 57-22-6
Vermont	In every residential rental agreement the landlord is deemed to warrant and maintain, throughout the tenancy, premises that are safe, clean and fit for human habitation and that comply with building, housing and health regulations; the landlord must also ensure a reasonable amount of heat at all times and adequate water with hot and cold lines (heat and water duties do not apply to units rented for summer occupancy or as hunting camps). Waiver of the warranty is void (§ 4457). If the landlord, after actual notice from the tenant, a governmental entity or a qualified independent inspector, fails to make repairs within a reasonable time and the problem materially affects health and safety, the tenant may withhold rent for the period of noncompliance, seek an injunction, recover damages, costs and attorney's fees, or terminate on reasonable notice; these remedies are not available if the tenant or a person on the premises with the tenant's consent caused the problem (§ 4458). For minor defects, if the landlord fails to repair within 30 days after notice, the tenant may repair and deduct the actual reasonable cost, up to one-half of one month's rent, after giving the landlord actual notice of the cost (§ 4459).	9 V.S.A. § 4457; § 4458; § 4459
Virginia	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.	Va. Code §§ 55.1-1220, 55.1-1244
Washington	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).	RCW 59.18.060, 59.18.070, 59.18.100
West Virginia	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.	W. Va. Code § 37-6-30
Wisconsin	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.	Wis. Stat. 704.07, 704.08, ATCP 134.04
Wyoming	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)).	W.S. 1-21-1202, 1-21-1203, 1-21-1206

Cities and counties can add stricter rules (e.g. Chicago, New York City). Full rules for each state: state tenant laws.

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General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.

Tenant Pays All Pest Control in a Lease: Is It Legal? (State-by-State)

What it looks like in a lease

“Tenant shall pay for all extermination of insects, rodents and other pests during the term.”
“Tenant is responsible for bed bug treatment and any resulting costs to adjacent units.”
“Landlord provides no pest control services; any infestation is Tenant's responsibility.”

Why it's a red flag

An infestation that comes from the building or neighboring units is generally not something a single tenant can control.
Blanket clauses may make you pay for a problem that existed before you moved in.
Bed bug clauses can add liability for treating neighboring units, which can be very expensive.

What to ask your landlord

Can the clause cover only infestations caused by me or my guests?
Who pays for treatment of a pre-existing or building-wide problem?
Can we record any pests or signs of them in a signed move-in checklist?

State-by-state rules

The table shows each state's general repair and habitability rule, not rules written specifically for pests. Check the cited statute. Each row links to the statute. Data as of 2026-10-22.

Alabama
Landlord duty & tenant remedies
The landlord must comply with building and housing codes materially affecting health and safety, make all repairs needed to keep the premises habitable, keep common areas clean and safe, keep electrical, plumbing, sanitary, heating, ventilating and air-conditioning facilities and appliances in good and safe working order, arrange trash removal and supply running water, reasonable hot water and reasonable heat (35-9A-204(a)). For a material breach affecting health and safety the tenant may give written notice that the lease ends no sooner than 14 days after receipt if not remedied (35-9A-401(a)); damages and injunction available (35-9A-401(b)). No repair-and-deduct remedy found; tenant may not withhold rent while in possession to enforce rights (35-9A-164).
Source: Ala. Code 35-9A-204, 35-9A-401, 35-9A-404, 35-9A-164
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).
Source: AS 34.03.100, 34.03.160, 34.03.180, 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
Arkansas
Landlord duty & tenant remedies
For leases entered into or renewed after Nov 1, 2021, Arkansas implies minimum quality standards: hot and cold running water, electricity, potable drinking water, sanitary sewer and plumbing meeting codes at time of installation, a functioning roof and building envelope, and functioning heating and air conditioning where they served the unit when leased (18-17-502(a)). The tenant must give written notice (certified mail or the lease's method); if rent is current and the landlord does not fix the problem within 30 calendar days of receiving it, the tenant's sole remedy is to end the lease without penalty and get back a recoverable deposit (18-17-502(d)). The tenant may not withhold or offset rent for these defects (18-17-502(d)(3)(B)). No repair-and-deduct remedy is provided. Lease terms contrary to these standards are overridden unless the tenant agrees in writing to do the renovation (18-17-502(b)); waivers are barred (18-17-502(g)).
Source: Ark. Code 18-17-502, 18-17-601
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).
Source: Cal. Civ. Code §§ 1941.1, 1942, 1942.1
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.
Source: Del. Code tit. 25, §§ 5305(a), 5307
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).
Source: Fla. Stat. §§ 83.51, 83.56, 83.60
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.
Source: O.C.G.A. § 44-7-13 (as amended by HB 404, 2024)
Hawaii
Landlord duty & tenant remedies
The landlord must at all times comply with building and housing laws materially affecting health and safety, keep common areas clean and safe, make repairs needed to keep the premises habitable, keep landlord-supplied electrical, plumbing and other facilities and appliances in good working order, and (except single-family homes) provide rubbish receptacles and removal and running water (HRS 521-42(a)). Before first occupancy the landlord must inventory the premises in a written record signed by both parties; without it, condition at move-out is rebuttably presumed the same as at move-in (521-42(a)). Repair and deduct: after written notice of a defect in material noncompliance with 521-42(a), the landlord must commence repairs within 12 business days; for electrical, plumbing or other facilities needed for sanitary and habitable conditions the landlord must commence within 3 business days of oral or written notice (521-64(c)). If the landlord fails, the tenant may do or have the work done and deduct from rent up to $1,000 or one month's rent, whichever is greater, with receipts (521-64(d)). For a health or safety violation noticed by a government agency, repairs must start within 7 calendar days (521-64(a)-(b)). The tenant must list all known conditions in the first notice; unlisted conditions are barred for 6 months and landlord-paid repairs are capped at 3 months' rent per 6-month period (521-64(e)). Termination: if a condition deprives the tenant of a substantial part of the benefit of the bargain and the landlord does not remedy it within one week of written notice, the tenant may terminate; no notice needed if the unit is uninhabitable or poses an imminent threat to health or safety (521-63(a)).
Source: HRS 521-42, 521-63, 521-64
Idaho
Landlord duty & tenant remedies
A tenant may sue the landlord for damages or specific performance for: failure to provide reasonable waterproofing and weather protection; failure to maintain in good working order the electrical, plumbing, heating, ventilating, cooling and sanitary facilities supplied by the landlord; maintaining premises in a manner hazardous to health or safety; breach of a lease term materially affecting health or safety; failure to install approved smoke detectors (6-320(a)). Before the tenant has standing to sue, the tenant must give the landlord 3 days' written notice listing each failure or breach and demanding cure; if not cured within 3 days after service, the tenant may sue (6-320(d)); service by personal delivery, to an employee at the place of business, or certified mail (6-323). Damages can be trebled (6-317). Smoke detectors: after certified-mail notice and 72 hours without installation the tenant may install them and deduct the cost from next month's rent (6-320(a)(6)); no other repair-and-deduct or rent-withholding right found in the sections read.
Source: Idaho Code 6-320, 6-323, 6-317
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
Indiana
Landlord duty & tenant remedies
The landlord must deliver the unit in a safe, clean and habitable condition, comply with health and housing codes, keep common areas clean, and keep electrical, plumbing (hot and cold running water), sanitary, heating/ventilation/air-conditioning, elevator and supplied appliances in good and safe working condition (IC 32-31-8-5). The tenant must first give the landlord notice and a reasonable time to repair, and must allow access; a tenant who then wins may recover actual and consequential damages, attorney's fees and court costs, and injunctive relief (IC 32-31-8-6). No repair-and-deduct or rent-withholding statute was found in IC 32-31.
Source: IC 32-31-8-5, 8-6
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.
Source: Iowa Code §§ 562A.15(1), 562A.21(1)
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)).
Source: La. Civ. Code arts. 2682, 2691, 2692, 2694, 2699
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.
Source: Md. Code, Real Prop. §§ 8-211, 8-212
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).
Source: M.G.L. c. 111, § 127L; c. 239, § 8A
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).
Source: MCL 554.139, 554.633(1)(a), 125.530, 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).
Source: Minn. Stat. §§ 504B.161, 504B.385
Mississippi
Landlord duty & tenant remedies
The landlord must at all times during the tenancy comply with applicable building and housing codes materially affecting health and safety, and maintain the dwelling unit and its plumbing and heating and/or cooling system in substantially the same condition as at the start of the lease, excluding reasonable wear and tear, unless damage results from the tenant's deliberate or negligent actions (89-8-23(1)). The parties may agree in writing that the tenant performs some or all of these duties, but only in good faith and subject to 89-8-5 (89-8-23(3)). Repair and deduct: if the landlord fails to repair a specific, material defect within 30 days after written notice, the tenant may make the repair and is entitled to reimbursement within 45 days after submitting receipted bills, provided the tenant has met the tenant duties in 89-8-25, the repair cost is at most one month's rent, the tenant has not used the remedy in the preceding 6 months, and the tenant is current in rent; reimbursement is limited to the usual and customary charge and the cost may be offset against future rent (89-8-15(1), (2), (4)). If the landlord materially breaks the Act or the lease, the tenant may give written notice that the agreement will end on a date at least 14 days after receipt if the breach is not remedied within a reasonable time of at most 14 days (89-8-13(2), (3)).
Source: 89-8-23, 89-8-15, 89-8-13(2)-(3)
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).
Source: MCA §§ 70-24-303, 70-24-406, 70-24-408, 70-24-411
Nebraska
Landlord duty & tenant remedies
The landlord must, after written or actual notice, make repairs to keep the premises fit and habitable, comply with minimum housing and safety requirements, keep common areas clean and safe, maintain electrical, plumbing, sanitary, heating, ventilating and air conditioning facilities and appliances, and supply running water, reasonable hot water and heat (76-1419(1)). For material noncompliance affecting health and safety the tenant may give written notice and terminate if not remedied within 14 days (termination not less than 30 days after receipt) and recover damages (76-1425). If the landlord fails to supply water, hot water, heat or essential services, the tenant may after written notice procure them and deduct the cost from rent, claim damages, or obtain substitute housing (76-1427). No general repair-and-deduct for other repairs found.
Source: Neb. Rev. Stat. 76-1419, 76-1425, 76-1427
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 Hampshire
Landlord duty & tenant remedies
Standards of fitness are set by RSA 48-A (and local codes). Where a municipality has not adopted codes, a landlord may not keep premises with e.g. rodent/insect infestation, defective plumbing, exposed wires or electrical danger, consistently leaking roof/walls, structurally unsound porches/stairs, inadequate water supply or heat, gas leaks, or heating unable to maintain 65 degrees F (RSA 48-A:14). A landlord must investigate a tenant's infestation report within 7 days (540-A:3, V-a). Defence to eviction for nonpayment: no possession action based on nonpayment can be maintained if the premises substantially violate the fitness standards and materially affect habitability, provided the tenant (not in arrears) proves by clear and convincing evidence notice to the person to whom he pays rent, the landlord failed to correct within 14 days of written notice (or promptly in an emergency), the tenant did not cause the violation, and the tenant did not block repairs (540:13-d, I); the court may continue the case up to one month and require rent to be paid into court (540:13-d, II). Tenants may also petition the district court under RSA 540-A:4 for damages for breach of the warranty of habitability. No repair-and-deduct statute found.
Source: RSA 48-A:14; 540:13-d; 540-A:3, V-a; 540-A:4, VII
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 Mexico
Landlord duty & tenant remedies
The owner must substantially comply with housing codes affecting health and safety, make repairs, and keep plumbing, electrical, heating and similar facilities in good working order (47-8-20(A)). After written notice and 7 days without repair, the resident may terminate or abate rent: one-third of the daily rent, or 100% if the unit is uninhabitable and vacated (47-8-27.1, 27.2).
Source: NMSA 47-8-20, 47-8-27.1, 47-8-27.2
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).
Source: Ohio Rev. Code §§ 5321.04, 5321.07
Oklahoma
Landlord duty & tenant remedies
The landlord must keep common areas clean, safe and sanitary (except single-family residences), make all repairs needed to keep the unit and premises fit and habitable, and keep electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other supplied facilities and appliances in good and safe working order (§ 118(A)(1)-(3)). Tenant remedies (§ 121): after a written notice of a material noncompliance affecting health or safety, the lease terminates on a date not less than 30 days after receipt if the breach is not remedied within 14 days (§ 121(A)); repair-and-deduct: for a health-affecting breach remediable by repairs costing no more than one month's rent, the tenant gives written notice of intent to fix it after 14 days (sooner as promptly as conditions require in an emergency) and may then deduct the actual and reasonable cost with an itemized statement (§ 121(B)); failure to supply heat, running water, hot water, electric, gas or other essential service: tenant may terminate, procure the service and deduct, recover damages, or obtain substitute housing (§ 121(C)); uninhabitable or imminent threat: immediate termination on written notice (§ 121(D)). Tenant rights under § 121 do not arise until written notice is given, or if the tenant caused the condition (§ 121(E)).
Source: 41 O.S. § 118(A), § 121(A)-(E)
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)
Rhode Island
Landlord duty & tenant remedies
The landlord must comply with building and housing codes affecting health and safety, make 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 in good working order, provide trash receptacles, supply running water, reasonable hot water and heat (heat between October 1 and May 1 as required by 45-24.3-9), and carry general liability insurance of at least $100,000, giving the tenant a copy of the declaration page (34-18-22(a)). Repair and deduct: if the cost of compliance is under $500 in aggregate per year, the tenant may notify the landlord in writing, and if the landlord fails to comply within 20 days (or promptly in an emergency) have the repair done in a skilled manner and deduct the actual reasonable cost from rent, submitting an itemized statement (34-18-30). The landlord must disclose in writing at or before the start of the tenancy the name and address of the person authorized to manage the premises and of the owner or agent for service of process (34-18-20).
Source: R.I. Gen. Laws 34-18-20, 34-18-22(a), 34-18-30
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.
Source: S.C. Code Ann. § 27-40-440, 27-40-610, 27-40-630
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).
Source: SDCL §§ 43-32-6, 43-32-8, 43-32-9, 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.
Source: Tex. Prop. Code §§ 92.052, 92.056, 92.0561
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)).
Source: Utah Code §§ 57-22-3, 57-22-4(1), 57-22-6
Vermont
Landlord duty & tenant remedies
In every residential rental agreement the landlord is deemed to warrant and maintain, throughout the tenancy, premises that are safe, clean and fit for human habitation and that comply with building, housing and health regulations; the landlord must also ensure a reasonable amount of heat at all times and adequate water with hot and cold lines (heat and water duties do not apply to units rented for summer occupancy or as hunting camps). Waiver of the warranty is void (§ 4457). If the landlord, after actual notice from the tenant, a governmental entity or a qualified independent inspector, fails to make repairs within a reasonable time and the problem materially affects health and safety, the tenant may withhold rent for the period of noncompliance, seek an injunction, recover damages, costs and attorney's fees, or terminate on reasonable notice; these remedies are not available if the tenant or a person on the premises with the tenant's consent caused the problem (§ 4458). For minor defects, if the landlord fails to repair within 30 days after notice, the tenant may repair and deduct the actual reasonable cost, up to one-half of one month's rent, after giving the landlord actual notice of the cost (§ 4459).
Source: 9 V.S.A. § 4457; § 4458; § 4459
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).
Source: RCW 59.18.060, 59.18.070, 59.18.100
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.
Source: Wis. Stat. 704.07, 704.08, ATCP 134.04
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)).
Source: W.S. 1-21-1202, 1-21-1203, 1-21-1206

State	Landlord duty & tenant remedies	Source
Alabama	The landlord must comply with building and housing codes materially affecting health and safety, make all repairs needed to keep the premises habitable, keep common areas clean and safe, keep electrical, plumbing, sanitary, heating, ventilating and air-conditioning facilities and appliances in good and safe working order, arrange trash removal and supply running water, reasonable hot water and reasonable heat (35-9A-204(a)). For a material breach affecting health and safety the tenant may give written notice that the lease ends no sooner than 14 days after receipt if not remedied (35-9A-401(a)); damages and injunction available (35-9A-401(b)). No repair-and-deduct remedy found; tenant may not withhold rent while in possession to enforce rights (35-9A-164).	Ala. Code 35-9A-204, 35-9A-401, 35-9A-404, 35-9A-164
Alaska	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).	AS 34.03.100, 34.03.160, 34.03.180, 34.03.190
Arizona	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.	A.R.S. §§ 33-1324, 33-1363
Arkansas	For leases entered into or renewed after Nov 1, 2021, Arkansas implies minimum quality standards: hot and cold running water, electricity, potable drinking water, sanitary sewer and plumbing meeting codes at time of installation, a functioning roof and building envelope, and functioning heating and air conditioning where they served the unit when leased (18-17-502(a)). The tenant must give written notice (certified mail or the lease's method); if rent is current and the landlord does not fix the problem within 30 calendar days of receiving it, the tenant's sole remedy is to end the lease without penalty and get back a recoverable deposit (18-17-502(d)). The tenant may not withhold or offset rent for these defects (18-17-502(d)(3)(B)). No repair-and-deduct remedy is provided. Lease terms contrary to these standards are overridden unless the tenant agrees in writing to do the renovation (18-17-502(b)); waivers are barred (18-17-502(g)).	Ark. Code 18-17-502, 18-17-601
California	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).	Cal. Civ. Code §§ 1941.1, 1942, 1942.1
Colorado	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.	C.R.S. §§ 38-12-503, 38-12-505
Connecticut	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.	Conn. Gen. Stat. 47a-7, 47a-4a, 47a-12, 47a-13, 47a-14h
Delaware	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.	Del. Code tit. 25, §§ 5305(a), 5307
District of Columbia	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.	14 DCMR §§ 301.1, 301.3, 302.1
Florida	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).	Fla. Stat. §§ 83.51, 83.56, 83.60
Georgia	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.	O.C.G.A. § 44-7-13 (as amended by HB 404, 2024)
Hawaii	The landlord must at all times comply with building and housing laws materially affecting health and safety, keep common areas clean and safe, make repairs needed to keep the premises habitable, keep landlord-supplied electrical, plumbing and other facilities and appliances in good working order, and (except single-family homes) provide rubbish receptacles and removal and running water (HRS 521-42(a)). Before first occupancy the landlord must inventory the premises in a written record signed by both parties; without it, condition at move-out is rebuttably presumed the same as at move-in (521-42(a)). Repair and deduct: after written notice of a defect in material noncompliance with 521-42(a), the landlord must commence repairs within 12 business days; for electrical, plumbing or other facilities needed for sanitary and habitable conditions the landlord must commence within 3 business days of oral or written notice (521-64(c)). If the landlord fails, the tenant may do or have the work done and deduct from rent up to $1,000 or one month's rent, whichever is greater, with receipts (521-64(d)). For a health or safety violation noticed by a government agency, repairs must start within 7 calendar days (521-64(a)-(b)). The tenant must list all known conditions in the first notice; unlisted conditions are barred for 6 months and landlord-paid repairs are capped at 3 months' rent per 6-month period (521-64(e)). Termination: if a condition deprives the tenant of a substantial part of the benefit of the bargain and the landlord does not remedy it within one week of written notice, the tenant may terminate; no notice needed if the unit is uninhabitable or poses an imminent threat to health or safety (521-63(a)).	HRS 521-42, 521-63, 521-64
Idaho	A tenant may sue the landlord for damages or specific performance for: failure to provide reasonable waterproofing and weather protection; failure to maintain in good working order the electrical, plumbing, heating, ventilating, cooling and sanitary facilities supplied by the landlord; maintaining premises in a manner hazardous to health or safety; breach of a lease term materially affecting health or safety; failure to install approved smoke detectors (6-320(a)). Before the tenant has standing to sue, the tenant must give the landlord 3 days' written notice listing each failure or breach and demanding cure; if not cured within 3 days after service, the tenant may sue (6-320(d)); service by personal delivery, to an employee at the place of business, or certified mail (6-323). Damages can be trebled (6-317). Smoke detectors: after certified-mail notice and 72 hours without installation the tenant may install them and deduct the cost from next month's rent (6-320(a)(6)); no other repair-and-deduct or rent-withholding right found in the sections read.	Idaho Code 6-320, 6-323, 6-317
Illinois	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.	765 ILCS 742
Indiana	The landlord must deliver the unit in a safe, clean and habitable condition, comply with health and housing codes, keep common areas clean, and keep electrical, plumbing (hot and cold running water), sanitary, heating/ventilation/air-conditioning, elevator and supplied appliances in good and safe working condition (IC 32-31-8-5). The tenant must first give the landlord notice and a reasonable time to repair, and must allow access; a tenant who then wins may recover actual and consequential damages, attorney's fees and court costs, and injunctive relief (IC 32-31-8-6). No repair-and-deduct or rent-withholding statute was found in IC 32-31.	IC 32-31-8-5, 8-6
Iowa	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.	Iowa Code §§ 562A.15(1), 562A.21(1)
Kansas	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.	K.S.A. 58-2553, 58-2559
Kentucky	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.	KRS 383.595, 383.635
Louisiana	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)).	La. Civ. Code arts. 2682, 2691, 2692, 2694, 2699
Maine	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).	14 M.R.S. §§ 6021, 6026
Maryland	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.	Md. Code, Real Prop. §§ 8-211, 8-212
Massachusetts	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).	M.G.L. c. 111, § 127L; c. 239, § 8A
Michigan	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).	MCL 554.139, 554.633(1)(a), 125.530, 554.201
Minnesota	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).	Minn. Stat. §§ 504B.161, 504B.385
Mississippi	The landlord must at all times during the tenancy comply with applicable building and housing codes materially affecting health and safety, and maintain the dwelling unit and its plumbing and heating and/or cooling system in substantially the same condition as at the start of the lease, excluding reasonable wear and tear, unless damage results from the tenant's deliberate or negligent actions (89-8-23(1)). The parties may agree in writing that the tenant performs some or all of these duties, but only in good faith and subject to 89-8-5 (89-8-23(3)). Repair and deduct: if the landlord fails to repair a specific, material defect within 30 days after written notice, the tenant may make the repair and is entitled to reimbursement within 45 days after submitting receipted bills, provided the tenant has met the tenant duties in 89-8-25, the repair cost is at most one month's rent, the tenant has not used the remedy in the preceding 6 months, and the tenant is current in rent; reimbursement is limited to the usual and customary charge and the cost may be offset against future rent (89-8-15(1), (2), (4)). If the landlord materially breaks the Act or the lease, the tenant may give written notice that the agreement will end on a date at least 14 days after receipt if the breach is not remedied within a reasonable time of at most 14 days (89-8-13(2), (3)).	89-8-23, 89-8-15, 89-8-13(2)-(3)
Missouri	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.	RSMo § 441.234
Montana	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).	MCA §§ 70-24-303, 70-24-406, 70-24-408, 70-24-411
Nebraska	The landlord must, after written or actual notice, make repairs to keep the premises fit and habitable, comply with minimum housing and safety requirements, keep common areas clean and safe, maintain electrical, plumbing, sanitary, heating, ventilating and air conditioning facilities and appliances, and supply running water, reasonable hot water and heat (76-1419(1)). For material noncompliance affecting health and safety the tenant may give written notice and terminate if not remedied within 14 days (termination not less than 30 days after receipt) and recover damages (76-1425). If the landlord fails to supply water, hot water, heat or essential services, the tenant may after written notice procure them and deduct the cost from rent, claim damages, or obtain substitute housing (76-1427). No general repair-and-deduct for other repairs found.	Neb. Rev. Stat. 76-1419, 76-1425, 76-1427
Nevada	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.	NRS 118A.290
New Hampshire	Standards of fitness are set by RSA 48-A (and local codes). Where a municipality has not adopted codes, a landlord may not keep premises with e.g. rodent/insect infestation, defective plumbing, exposed wires or electrical danger, consistently leaking roof/walls, structurally unsound porches/stairs, inadequate water supply or heat, gas leaks, or heating unable to maintain 65 degrees F (RSA 48-A:14). A landlord must investigate a tenant's infestation report within 7 days (540-A:3, V-a). Defence to eviction for nonpayment: no possession action based on nonpayment can be maintained if the premises substantially violate the fitness standards and materially affect habitability, provided the tenant (not in arrears) proves by clear and convincing evidence notice to the person to whom he pays rent, the landlord failed to correct within 14 days of written notice (or promptly in an emergency), the tenant did not cause the violation, and the tenant did not block repairs (540:13-d, I); the court may continue the case up to one month and require rent to be paid into court (540:13-d, II). Tenants may also petition the district court under RSA 540-A:4 for damages for breach of the warranty of habitability. No repair-and-deduct statute found.	RSA 48-A:14; 540:13-d; 540-A:3, V-a; 540-A:4, VII
New Jersey	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.	N.J.S.A. 2A:42-85 to 2A:42-92
New Mexico	The owner must substantially comply with housing codes affecting health and safety, make repairs, and keep plumbing, electrical, heating and similar facilities in good working order (47-8-20(A)). After written notice and 7 days without repair, the resident may terminate or abate rent: one-third of the daily rent, or 100% if the unit is uninhabitable and vacated (47-8-27.1, 27.2).	NMSA 47-8-20, 47-8-27.1, 47-8-27.2
New York	Every lease includes a warranty of habitability that cannot be waived.	N.Y. Real Prop. Law § 235-b
North Carolina	Landlord must keep the home fit and habitable; this duty cannot be waived.	N.C.G.S. § 42-42
North Dakota	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).	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 must keep the premises fit and habitable. After 30 days' written notice, a current tenant may pay rent to the court (rent escrow).	Ohio Rev. Code §§ 5321.04, 5321.07
Oklahoma	The landlord must keep common areas clean, safe and sanitary (except single-family residences), make all repairs needed to keep the unit and premises fit and habitable, and keep electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other supplied facilities and appliances in good and safe working order (§ 118(A)(1)-(3)). Tenant remedies (§ 121): after a written notice of a material noncompliance affecting health or safety, the lease terminates on a date not less than 30 days after receipt if the breach is not remedied within 14 days (§ 121(A)); repair-and-deduct: for a health-affecting breach remediable by repairs costing no more than one month's rent, the tenant gives written notice of intent to fix it after 14 days (sooner as promptly as conditions require in an emergency) and may then deduct the actual and reasonable cost with an itemized statement (§ 121(B)); failure to supply heat, running water, hot water, electric, gas or other essential service: tenant may terminate, procure the service and deduct, recover damages, or obtain substitute housing (§ 121(C)); uninhabitable or imminent threat: immediate termination on written notice (§ 121(D)). Tenant rights under § 121 do not arise until written notice is given, or if the tenant caused the condition (§ 121(E)).	41 O.S. § 118(A), § 121(A)-(E)
Oregon	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).	ORS 90.320
Pennsylvania	Implied warranty of habitability (Pugh v. Holmes, 1979); rent withholding is possible in limited cases.	Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)
Rhode Island	The landlord must comply with building and housing codes affecting health and safety, make 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 in good working order, provide trash receptacles, supply running water, reasonable hot water and heat (heat between October 1 and May 1 as required by 45-24.3-9), and carry general liability insurance of at least $100,000, giving the tenant a copy of the declaration page (34-18-22(a)). Repair and deduct: if the cost of compliance is under $500 in aggregate per year, the tenant may notify the landlord in writing, and if the landlord fails to comply within 20 days (or promptly in an emergency) have the repair done in a skilled manner and deduct the actual reasonable cost from rent, submitting an itemized statement (34-18-30). The landlord must disclose in writing at or before the start of the tenancy the name and address of the person authorized to manage the premises and of the owner or agent for service of process (34-18-20).	R.I. Gen. Laws 34-18-20, 34-18-22(a), 34-18-30
South Carolina	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.	S.C. Code Ann. § 27-40-440, 27-40-610, 27-40-630
South Dakota	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).	SDCL §§ 43-32-6, 43-32-8, 43-32-9, 43-32-10
Tennessee	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.	Tenn. Code Ann. § 66-28-304
Texas	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.	Tex. Prop. Code §§ 92.052, 92.056, 92.0561
Utah	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)).	Utah Code §§ 57-22-3, 57-22-4(1), 57-22-6
Vermont	In every residential rental agreement the landlord is deemed to warrant and maintain, throughout the tenancy, premises that are safe, clean and fit for human habitation and that comply with building, housing and health regulations; the landlord must also ensure a reasonable amount of heat at all times and adequate water with hot and cold lines (heat and water duties do not apply to units rented for summer occupancy or as hunting camps). Waiver of the warranty is void (§ 4457). If the landlord, after actual notice from the tenant, a governmental entity or a qualified independent inspector, fails to make repairs within a reasonable time and the problem materially affects health and safety, the tenant may withhold rent for the period of noncompliance, seek an injunction, recover damages, costs and attorney's fees, or terminate on reasonable notice; these remedies are not available if the tenant or a person on the premises with the tenant's consent caused the problem (§ 4458). For minor defects, if the landlord fails to repair within 30 days after notice, the tenant may repair and deduct the actual reasonable cost, up to one-half of one month's rent, after giving the landlord actual notice of the cost (§ 4459).	9 V.S.A. § 4457; § 4458; § 4459
Virginia	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.	Va. Code §§ 55.1-1220, 55.1-1244
Washington	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).	RCW 59.18.060, 59.18.070, 59.18.100
West Virginia	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.	W. Va. Code § 37-6-30
Wisconsin	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.	Wis. Stat. 704.07, 704.08, ATCP 134.04
Wyoming	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)).	W.S. 1-21-1202, 1-21-1203, 1-21-1206

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