On this page
What landlords generally must provide
The implied warranty of habitability, recognized in almost every state by statute or court decision, plus state and local housing codes, generally require:
- Structural safety: sound roof, floors, walls, stairs, and railings
- Weatherproofing: no significant leaks, broken windows, or gaps
- Heat adequate for the climate (many codes set minimum indoor temperatures)
- Plumbing with hot and cold running water and working toilets, sinks, and bathing facilities
- Electrical systems that are safe and working
- Gas appliances and lines in safe condition
- Sanitation: clean common areas and garbage facilities
- Pest control for infestations not caused by the tenant
- Smoke and carbon monoxide alarms as required by law
- Working locks on entry doors and windows (many places)
- Freedom from serious hazards such as lead paint hazards and significant mold
Many cities also require air conditioning or cooling in certain climates or buildings, and some states have added maximum indoor temperature rules.
Step 1: Request repairs in writing
Even if you’ve called, send a dated written request by email, text, portal, or letter. Include:
- Your name, address, and unit
- The problem, where it is, and when it started
- How it affects health or safety
- Photos or video
- A request for repair by a specific reasonable date
- When you’re available for access
Sample:
On [date], the bathroom ceiling began leaking whenever the upstairs unit uses water. The ceiling is now stained and sagging (photos attached). Please repair the leak and ceiling by [date]. I’m available for access weekdays after 4 p.m. with 24 hours’ notice.
Keep copies of everything and a log of calls and visits.
Step 2: Allow access
Landlords generally have a right to enter with reasonable notice to make repairs. Refusing reasonable access can undermine your case. See landlord entry and privacy.
Step 3: Escalate to code enforcement
If the landlord doesn’t act, contact your city or county code enforcement or housing inspection office (sometimes called building, housing, or health department). An inspector can document violations and order repairs, and the inspection report is strong evidence later. For some issues, the health department (pests, sewage, mold in some places) or fire marshal (alarms, egress) may be the right office.
Step 4: Know your state’s remedies
Remedies differ significantly by state. Common ones:
| Remedy | How it works | Caution |
|---|---|---|
| Repair and deduct | Tenant pays for a repair after notice and deducts the cost from rent, within limits (for example, one month’s rent) | Only in some states, with strict notice and cost limits |
| Rent escrow / withholding | Tenant pays rent into a court or escrow account until repairs are made | Must usually follow a court procedure; improper withholding can lead to eviction |
| Rent abatement / damages | Court reduces rent for the period of poor conditions or awards damages | Often raised as a defense or counterclaim in an eviction case |
| Lease termination | Tenant ends the lease if conditions are serious and not fixed (constructive eviction) | Must usually give notice and actually move out within a reasonable time |
| Code enforcement orders | Government orders repairs and may fine the landlord | Timelines depend on the local agency |
| Lawsuit | Tenant sues for repairs, damages, or injunction | Consider small claims or legal aid |
Before using any self-help remedy, get advice from legal aid, a tenant union, or your state attorney general’s landlord-tenant guide.
Emergencies
For gas leaks (leave and call the gas company or 911), fire, no heat in freezing weather, flooding, sewage backups, or no water, notify the landlord immediately by phone and in writing, then call the emergency number or code enforcement’s emergency line. Many codes require emergency repairs within 24 hours.
Health hazards
- Mold: caused by moisture. Report leaks and humidity problems early. Some cities and states treat significant mold as a code violation. See lead, mold, and health hazards.
- Lead paint: in homes built before 1978, peeling paint can poison children. Landlords must disclose known lead hazards, and many cities require lead-safe certification.
- Pests: bedbugs, roaches, and rodents often require building-wide treatment; many local laws assign responsibility to the landlord.
- Carbon monoxide: working CO alarms are required in many states.
Subsidized housing
- Housing Choice Voucher units: ask your housing agency for a complaint inspection. If the owner doesn’t fix owner-responsible deficiencies on time, the agency must stop its payments and may end the contract. See Section 8 inspections.
- Public housing: submit work orders in writing; use the grievance procedure; contact the HUD field office if problems persist.
- HUD multifamily properties: contact management, then HUD’s Multifamily Housing Clearinghouse (800-685-8470).
- Tax credit properties: report to the state housing finance agency’s compliance office.
- USDA properties: contact the USDA Rural Development state office.
Protect yourself from retaliation
Most states prohibit landlords from raising rent, reducing services, or evicting because you requested repairs or contacted code enforcement. See landlord retaliation.
Frequently asked questions
Can I stop paying rent until repairs are made?
Only if your state or city allows it and you follow the exact procedure—often paying rent into a court or escrow account. Simply withholding rent without following the law is one of the most common ways tenants end up evicted. Talk to legal aid or a tenant organization first.
How long does my landlord have to make repairs?
State law usually requires a “reasonable” time, sometimes with specific deadlines—for example, 24 hours to a few days for emergencies such as no heat in winter, no water, or gas leaks, and longer (often 14 to 30 days) for non-emergencies. Local housing codes may set their own deadlines after an inspection.
Who pays for repairs I caused?
Tenants are generally responsible for damage beyond normal wear and tear caused by them, their household, or guests. Landlords are responsible for normal wear, systems, structure, and required services.
Can my landlord evict me for complaining?
In most states, retaliation for requesting repairs or reporting code violations is illegal, and some states presume retaliation if the landlord acts within a set period after your complaint. Keep copies of all repair requests.
What if I live in public housing or have a voucher?
Report to the property manager or landlord in writing, and for voucher units, request an inspection from the housing agency. If an owner of a voucher unit doesn’t fix deficiencies on time, the agency must stop its payments. Public housing residents can use the grievance procedure and contact the HUD field office.
Sources and verification
Use these sources to check program rules. Funding, openings, and local procedures must be confirmed with the agency handling your application.
- Tenant rightsUSAGov
- Healthy Homes programU.S. Department of Housing and Urban Development
- Mold and your homeU.S. Environmental Protection Agency
- Find legal aidLegal Services Corporation
Found a changed rule or a broken link? Report a correction for this guide.