Housing · Warranty of habitability
Warranty of Habitability by State: Can You Withhold Rent?
What a landlord must keep livable in each state, and your remedy when they do not: whether you can withhold or escrow rent, or must use another route. Each cited to the statute.
All 50 states published. Nearly every state recognizes an implied warranty of habitability, so the real difference is the remedy: what you can actually do about a landlord who will not fix a serious problem.Some states let you withhold or escrow rent; others limit you to repair-and-deduct. Withhold the wrong way and you can be evicted, so the mechanics matter. Every page links to the statute.
Read this first: the duty, and the remedy that varies
The implied warranty of habitability is the landlord's duty to keep a rental fit to live in: heat, running water, working plumbing, and a safe, sanitary structure. It is recognized in almost every state, by statute or by a leading court case. What differs is your remedy when the landlord ignores a serious problem.
Some states let you withhold rent or pay it into a court escrow account until the repair is made; others do not allow withholding at all and point you to repair-and-deduct or lease termination instead. Getting this wrong is risky: stop paying rent without following the exact notice and escrow steps and you can face eviction. So this page is about the duty and the rent-withholding remedy; the separate repair-and-deduct dollar cap has its own page. Every figure links to the statute, and pages still pending verification say so.
Every state in one table
The remedy, what the landlord must maintain, and the statute in each row.
Type a state to jump straight to its full warranty of habitability guide.
All states (50)
| State | Withhold rent? | Tenant self-help | Statute |
|---|---|---|---|
| Alabama | Enumerated duty, but no self-help remedy | No repair-and-deduct or withholding | Ala. Code § 35‑9A‑204 |
| Alaska | Enumerated duty, repair-and-deduct | Waiver of core duties only above $2,000 rent | Alaska Stat. § 34.03.100 |
| Arizona | Enumerated duty, repair-and-deduct | Greater of $300 or half a month’s rent | Ariz. Rev. Stat. § 33‑1324 |
| Arkansas | No implied warranty, only limited statutory standards | Sole remedy is to end the lease | Ark. Code Ann. § 18‑17‑502 |
| California | Habitability defense, limited withholding | Repair-and-deduct or defense | Green v. Superior Court, 10 Cal. 3d 616 |
| Colorado | Warranty of habitability, tiered deadlines | 24 hours (dangerous) or 72 hours (uninhabitable) | Colo. Rev. Stat. §§ 38‑12‑503 |
| Connecticut | Enumerated duty, no rent while unfit | No rent owed for periods the unit is not compliant | Conn. Gen. Stat. § 47a‑7 |
| Delaware | General fit-premises duty, utilities by lease only | Only "if the rental agreement so specifies" | Del. Code Ann. tit. 25, § 5305 |
| Florida | Escrow / pay into court | Fla. Stat. § 83.51 | |
| Georgia | Warranty, but no self-help remedy | Notice, then a damages suit | O.C.G.A. § 44‑7‑13(a) |
| Hawaii | Thin enumerated duty, repair-and-deduct | One week to cure after written notice | Haw. Rev. Stat. § 521‑42 |
| Idaho | No duty statute, a cause of action instead | 3 days written notice before suit | Idaho Code § 6‑320 |
| Illinois | Withholding allowed | Jack Spring | |
| Indiana | Statutory duty, no self-help remedy | Damages and injunction, no self-help | Ind. Code § 32‑31‑8‑5 |
| Iowa | Enumerated duty, repair-and-deduct | Reasonable time to cure after notice | Iowa Code § 562A.15 |
| Kansas | Five-item duty, no general repair clause | Five duties, no general fit-and-habitable clause | K.S.A. § 58‑2553 |
| Kentucky | Enumerated duty, but only where locally adopted | Only where adopted by local ordinance | Ky. Rev. Stat. § 383.595 |
| Louisiana | Civil-code warranty, but waivable | Suitable for the purpose leased | La. Civ. Code arts. 2682, 2691, 2696–2699 |
| Maine | General fit-for-habitation covenant, detailed heat rule | 68F capability at minus 20F outside | 14 M.R.S. § 6021 |
| Maryland | Implied warranty (2024), escrow no longer required | Serious and substantial threat to life, health, or safety | Md. Code Ann., Real Prop. § 8‑212 |
| Massachusetts | Case-law warranty, detailed heat code | 68°F day / 64°F night, Sept 15–May 31 | Boston Housing Authority v. Hemingway |
| Michigan | Two short covenants, duty modifiable on a 1-year lease | Lease term of at least 1 year | Mich. Comp. Laws § 554.139 |
| Minnesota | Statutory covenants, cannot be waived, precise heat rule | 68 degrees Fahrenheit, October 1 to April 30 | Minn. Stat. § 504B.161 |
| Mississippi | Thin duty, keep it as it was at move-in | Substantially the same condition as at move-in | Miss. Code Ann. § 89‑8‑23 |
| Missouri | Case-law warranty, no duty statute | Recognized by King and Detling | King v. Moorehead, 495 S.W.2d 65 |
| Montana | Enumerated duty, dated heat season | Reasonable heat October 1 to May 1 | Mont. Code Ann. § 70‑24‑303 |
| Nebraska | Enumerated duty, notice built in | Duty arises only after written or actual notice | Neb. Rev. Stat. § 76‑1419 |
| Nevada | Statutory habitability list, repair-and-deduct | 14 days to cure after written notice | Nev. Rev. Stat. § 118A.290 |
| New Hampshire | Case-law warranty, 65°F year-round | 65°F average, year-round | Kline v. Burns, 111 N.H. 87 |
| New Jersey | Case-law warranty, mutually dependent rent | Rent and habitability mutually dependent | Marini v. Ireland, 56 N.J. 130 |
| New Mexico | Enumerated duty, capped by any local housing code | Local housing code sets the maximum duty | N.M. Stat. Ann. § 47‑8‑20 |
| New York | Withholding / abatement allowed | N.Y. Real Prop. Law § 235‑b | |
| North Carolina | Detailed duty, no tenant self-help remedy | No repair-and-deduct, no withholding statute | N.C. Gen. Stat. § 42‑42 |
| North Dakota | Enumerated duty, repair-and-deduct | Reasonable time to cure after notice | N.D. Cent. Code § 47‑16‑13.1 |
| Ohio | Statutory duties, plus court rent escrow | Escrow after 30 days | Ohio Rev. Code § 5321.04(A)(1)–(A)(10) |
| Oklahoma | Enumerated duty, repair-and-deduct capped at one month | Up to one month’s rent | 41 O.S. § 118 |
| Oregon | Statutory habitability list, plus a cooling duty | Building permitted on or after April 1, 2024 | Or. Rev. Stat. § 90.320 |
| Pennsylvania | Escrow (code violations) | Pugh v. Holmes, 486 Pa. 272 | |
| Rhode Island | Enumerated duty, plus a landlord insurance mandate | At least $100,000 liability insurance | R.I. Gen. Laws § 34‑18‑22 |
| South Carolina | Enumerated duty, with an appliance presumption | Presumed landlord-supplied | S.C. Code Ann. § 27‑40‑440 |
| South Dakota | General repair-and-fit covenant, cannot be waived | Reasonable time after notice | S.D. Codified Laws § 43‑32‑8 |
| Tennessee | Thin duty, and only in larger counties | Only counties over 75,000 (2010 census) | Tenn. Code Ann. § 66‑28‑304 |
| Texas | No rent withholding | Repair-and-deduct only | Tex. Prop. Code § 92.052 |
| Utah | Fit Premises duties, air conditioning named, tiered notice | Three calendar days for a habitability defect | Utah Code Ann. § 57‑22‑4 |
| Vermont | Safe-clean-fit warranty, broad notice, firm anti-waiver | Materially affects health and safety | 9 V.S.A. § 4457 |
| Virginia | Enumerated duty, with a mold-remediation term | Prevent moisture and remediate visible mold | Va. Code Ann. § 55.1‑1220 |
| Washington | Statutory duty, tiered notice | 24 hours / 72 hours / 10 days | Rev. Code Wash. § 59.18.060 |
| West Virginia | Enumerated duty, but none of it while rent is in arrears | No repair duty while rent is in arrears | W. Va. Code § 37‑6‑30 |
| Wisconsin | Statutory repair duty, partial rent abatement | Rent abates to the extent of lost use | Wis. Stat. § 704.07 |
| Wyoming | General duty, broadly waivable | Any duty modifiable by signed writing | Wyo. Stat. Ann. §§ 1‑21‑1202 |
What these pages are, and what they aren't
Each state page is a reference for the habitability duty and the neutral steps around it. They are deliberately not advice for your dispute: withholding rent has strict notice and escrow rules, so each page links to the statute. This is legal information, not legal advice.