Lease Says Tenant Is Responsible for All Repairs? What the Law Says by State

Almost every state requires landlords to keep residential rentals fit to live in — working heat, plumbing, water, and a safe structure. A clause shifting all repairs to the tenant, or waiving your right to a habitable home, can conflict with that duty.

What it looks like in a lease

“Tenant accepts the premises as-is and is responsible for all repairs and maintenance.”
“Tenant waives all rights to withhold rent or repair and deduct.”
“Repairs under $500 are the sole responsibility of Tenant.”

Why it's a red flag

Waivers of habitability rights are often unenforceable, but a landlord may still rely on them to refuse repairs.
Dollar-threshold repair clauses can leave you paying for the landlord's old water heater or roof.
Giving up statutory remedies (like repair-and-deduct where it exists) removes your leverage.

What to ask your landlord

Can the clause cover only damage caused by me or my guests?
Who fixes appliances, HVAC, plumbing and pests, and how fast?
Can the waiver of statutory repair remedies be removed?

State-by-state rules

Each row links to the statute. Data as of 2026-10-18.

Arizona
Landlord duty & tenant remedies
Landlord must make all repairs needed to keep the premises fit and habitable. For minor defects costing less than $300 or half a month's rent (whichever is greater), after written notice and 10 days (sooner in emergencies) the tenant may have a licensed contractor do the work and deduct the reasonable cost from rent, with an itemized statement and lien waiver.
Source: A.R.S. §§ 33-1324, 33-1363
California
Landlord duty & tenant remedies
Landlord must keep the unit habitable; tenant may repair-and-deduct up to one month's rent, at most twice in 12 months, after reasonable notice. Waivers of these rights are void. For leases entered into, amended or renewed on or after Jan 1, 2026, a working stove and refrigerator are part of habitability (AB 628).
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; the landlord breaches it after written notice of an uninhabitable condition and failing to act within the statutory time (shorter for mold: 96 hours to contain it).
Source: C.R.S. §§ 38-12-503, 38-12-505
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
Since July 1, 2024 every lease is deemed to include that the home is fit for human habitation; landlord must keep the premises in repair and cannot waive that duty.
Source: O.C.G.A. §§ 44-7-13, 44-7-2
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
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
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
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
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
Nevada
Landlord duty & tenant remedies
Landlord must keep the unit habitable at all times, meeting housing/health codes and maintaining plumbing, water, heating, electrical, trash and structural elements.
Source: NRS 118A.290
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
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
Oregon
Landlord duty & tenant remedies
Landlord must keep the dwelling habitable (weatherproofing, plumbing, heat, electricity, locks, smoke and CO alarms, and cooling in buildings permitted after April 1, 2024, among others).
Source: ORS 90.320
Pennsylvania
Landlord duty & tenant remedies
Implied warranty of habitability (Pugh v. Holmes, 1979); rent withholding is possible in limited cases.
Source: Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)
South Carolina
Landlord duty & tenant remedies
Landlord must comply with building and housing codes affecting health and safety, make repairs to keep the premises fit and habitable, keep common areas safe, supply running water, reasonable hot water and heat, and keep supplied appliances and systems (electrical, plumbing, heating, A/C) in safe working order. Tenant repair agreements are allowed only in good faith (narrower rules outside single-family homes). After written notice, the tenant may terminate if a material breach is not fixed within 14 days, or for essential services buy them and deduct the cost from rent.
Source: S.C. Code Ann. § 27-40-440, 27-40-610, 27-40-630
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
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

State	Landlord duty & tenant remedies	Source
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
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; the landlord breaches it after written notice of an uninhabitable condition and failing to act within the statutory time (shorter for mold: 96 hours to contain it).	C.R.S. §§ 38-12-503, 38-12-505
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	Since July 1, 2024 every lease is deemed to include that the home is fit for human habitation; landlord must keep the premises in repair and cannot waive that duty.	O.C.G.A. §§ 44-7-13, 44-7-2
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
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
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
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
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
Nevada	Landlord must keep the unit habitable at all times, meeting housing/health codes and maintaining plumbing, water, heating, electrical, trash and structural elements.	NRS 118A.290
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
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
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)
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
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
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

Cities and counties can add stricter rules (e.g. Chicago, New York City). Other states: coming soon.

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