A landlord has a duty to repair and maintain a rental property in a way that is fit for occupancy. The law refers to this as an “implied warranty of habitability.” Most states require rental units to provide tenants with heating, plumbing, electricity, and gas. The failure to provide these basic features is a violation of the law. When a tenant requests repairs to a necessary fixture in the unit and the landlord fails to make the repair, the tenant has several options.

Most states will allow a tenant to withhold rent, make the repair and deduct the cost from the rent, move out, inform state or local building inspectors, or pay the rent and sue the landlord for the difference between the rent and the real rental value of the property. If an injury occurs because of the failure to repair, the tenant may sue the landlord for compensation