These remedies vary from state to state but include, among others, allowing the tenant to withhold rent and even break the lease early. If a landlord fails to comply with or breaches the warranty of habitability, the tenant is afforded certain remedies to compel the landlord to comply or to mitigate damage or inconvenience to the latter.

Often, a warranty of habitability will require a landlord to provide certain amenities that allow a tenant to safely and securely enjoy their rented unit, such as: As such, it is important for both landlords and tenants to read up on their state’s warranty of habitability before entering into a lease agreement.

These standard sets, often referred to as a “warranty of habitability,” are usually divided between the responsibilities placed upon both landlords and tenants. Many states in the US maintain a set of health and safety standards that dictate what conditions constitute “habitability” within that jurisdiction. delaware florida georgia hawaii idaho illinois indiana iowa kansas kentucky louisiana maine maryland massachusetts michigan minnesota mississippi missouri montana nebraska nevada new hampshire new jersey new mexico new york north carolina north dakota ohio oklahoma oregon pennsylvania rhode island south carolina south dakota tennessee texas utah vermont virginia washington west virginia wisconsin wyoming Alabama alaska arizona arkansas california colorado connecticut D.C.

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