When you rent an apartment or house, you’re not just paying for four walls and a roof—you’re entitled to a safe, livable home. This is protected by the implied warranty of habitability, a legal concept that exists in almost every U.S. state.
Let’s break down what that means, what your rights are, and what you can do if your landlord fails to meet basic living standards.
What Is the Implied Warranty of Habitability?
It’s an automatic legal requirement that your rental unit must be safe, sanitary, and structurally sound. Even if your lease doesn’t mention it, the warranty is implied by law.
Landlords must ensure that your home has:
- Running hot and cold water
- Functioning heating systems (especially in winter)
- Working electricity and plumbing
- No pest infestations (like mice or roaches)
- Safe stairways and exits
- A secure lock and windows
What Happens If It’s Violated?
If your home becomes uninhabitable and your landlord doesn’t make repairs after notification, you may have several options depending on your state:
- Withhold Rent: You can legally stop paying rent until the issue is resolved.
- Repair and Deduct: Fix the issue yourself and deduct the cost from rent.
- Move Out: Break your lease without penalty if conditions are dangerous.
- File a Complaint: Report the landlord to local housing authorities.
Always notify your landlord in writing and give a reasonable amount of time for repairs. Document the problem with photos and keep a paper trail.
Are There Limits?
Yes. You can’t stop paying rent for minor cosmetic issues like peeling paint or small holes. The problem must seriously affect your health or safety.
Legal Assistance
If your landlord refuses to act and your living situation becomes unsafe, consult a tenant rights organization or attorney. Some states offer free legal aid for renters in crisis.
Final Advice
As a tenant, you have the right to a clean, safe place to live. Knowing your rights helps you stand up for yourself and demand fair treatment. Never accept substandard housing as “normal”—the law is on your side.
Hi, my name is Kathryn Akers I live in South Dakota the place I’m Renting the heating by way of gas furnace heat. On Dec 23,2025 the furnace quit working. I called the manager to inform her we had no heat! She was upset that we called her personal cell phone. Her words were it’s Christmas eve; it’s not my responsibility call maintenance I did submitted emergency repair order! The frist appointment was scheduled for Wed Dec24,2025 between 10:00am to 11:00am no one came! I called on Christmas day Dec 25,2025 talked to a agent is what they identified themselves to be. Sounded like they were in another Country. I explained to this person I was 65 and disabled and had medical conditions and having no heat was putting my life at risk! This person put in another repair order scheduled for Dec 26,2025 time 3:00pmto4:00pm again they did not show up I texted the Manager who kept saying she doesn’t control the maintenance people it’s not her responsibility me having no heat was not her problem! I said then your not a manager your a secretary please put me in touch with a manager or someone of Athority to fix the issue.meaning her boss! She would not! I’ve gone without heat for 5 days I do have 2 space heaters and electric stove but it is not adequate enough for a 2bdr.apartment the temperature are going to drop to13° with windchill of 3° below I told her she was breaking our lease agreement by not providing me a safe place to dwell. I don’t have money to pay for a Motel or Hotel I have a small pet, my roommate has Cancer. So Monday December 29,2025 I’ll be calling the SDHA AND HUMAN SERVICES I really don’t have monies to relocate at this time. I’m trying to get up enough Monies for my medical necessity Oral Surgery! The company that owns the property Tzadik management they never answer any phone calls! And based in Florida! There Slum lords! The owner who lived in Rapid City sold it to this business and so did alot of other property owners! Not caring at what cost?