You have the right to live in a rental apartment or home that is safe, clean, and fit for human habitation. This is known as the "Warranty of Habitability."
The Warranty of Habitability has three key parts:
- The property should be fit for people to live in comfortably.
- It should be set up as a residence.
- It must not have dangers, hazards, or risks to your life or safety.
Some common problems include:
- Utilities not working correctly, such as heat, hot water, electricity, or gas.
- Mice, rats, roaches, bedbugs, or other vermin.
- Water leaks and mold.
- Broken floors, walls, ceilings, or dangerous stairs.
- Peeling, cracking, or chipping lead paint (harmful to children).
- Missing or broken smoke detectors, carbon monoxide detectors, or window guards.
- Uncollected garbage and bad odors.
- Harassment or unsafe environment: Landlord harassment, crime, or illegal activity in the building.
You must report the problem. Write a letter to the landlord and keep a copy. For a serious problem, give the landlord a short deadline.
If the landlord does not fix the problem in a "reasonable" time, you can take legal action. You can try to get money back, get a court to order the landlord fix the problem, or other solutions.
Last Reviewed: December 19, 2025