# Is My Landlord Responsible for Repairs? A State-by-State Guide

> In almost every state the landlord must keep a rental fit to live in (heat, water, plumbing, structure) while the tenant pays for damage they cause. The verified default rule, the state exceptions, and what to do when a landlord won’t fix it.

Updated: 2026-09-13. Source: Who Pays the Repair? — https://whopaystherepair.com/guides/is-my-landlord-responsible-for-repairs/ (claims cited to primary sources; see /methodology/).

Short answer: in almost every U.S. state your landlord must keep the rental "fit to live in", working heat, hot and cold water, plumbing, electrical, a sound structure, and a weatherproof building, and you, the tenant, are responsible only for damage you or your guests actually cause. That duty is called the implied warranty of habitability, and in most states it is written directly into statute. It cannot usually be waived by a lease.

## The default rule: the warranty of habitability

Most states say the same thing in slightly different words. California's Civil Code §1941 requires the landlord to:

> "...in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, which render it untenantable."

Ohio's Revised Code §5321.04 puts the same duty plainly, the landlord must:

> "Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition."

Arizona (A.R.S. §33-1324) uses nearly identical language, and Washington (RCW 59.18.060) requires the landlord to "keep the premises fit for human habitation" throughout the tenancy. The skeleton is consistent nationwide: landlord → habitability (the things that make a home livable); tenant → damage they cause plus ordinary cleanliness.

## What the landlord almost always must fix

- Heat, and hot & cold running water

- Plumbing and sewage, and safe electrical

- A structurally sound, weatherproof, and reasonably pest-free building

- Anything a housing or health code requires for the unit to be legally habitable

## What the tenant is responsible for

- Damage caused by the tenant, their family, or guests (a broken window, a hole in the wall, a stoppage they caused)

- Keeping their own space reasonably clean and not creating the problem

- Whatever the lease legitimately assigns to them without waiving core habitability

The recurring dividing line is cause: a failure from age, wear, or a building defect is the landlord's; a failure the tenant caused shifts to the tenant.

## The state exceptions worth knowing

A handful of states are notably weaker. Arkansas has historically had no general statutory habitability duty, a landlord's repair obligation there largely depends on what the lease itself promises. Wyoming's statute likewise sets no explicit habitability/repair section. In those states the written lease matters far more than the default rule. Everywhere else, the warranty of habitability is the backbone.

## What to do when a landlord won't make repairs

This is where states diverge most, so the specific rule matters. Many states let a tenant, after proper written notice, use a repair-and-deduct remedy (fix it and subtract a capped amount from rent) or withhold/escrow rent, but several states have no self-help remedy at all and require a court action instead (New York and North Carolina among them, and Georgia provides no statutory self-help remedy). Using a remedy your state doesn't actually grant can put you in the wrong, so confirm your state's exact procedure before acting. Look up your state's rule on the [landlord-tenant repair hub](/issues/rental-landlord-tenant-repair/), or ask a plain-English question on our [who-pays concierge](/ask/).

## Your state's rule, cited to the statute

We document each state's landlord-repair duty on its own page with the exact code section quoted and dated. A few to start:

- [California, landlord repair duty (Civ. Code §1941 / §1941.1)](/rules/california-landlord-tenant-repair-responsibility/)

- [Ohio, landlord repair duty (ORC §5321.04)](/rules/ohio-landlord-tenant-repair-responsibility/)

- [Washington, landlord repair duty (RCW 59.18.060)](/rules/washington-landlord-tenant-repair-responsibility/)

- [Arizona, landlord repair duty (A.R.S. §33-1324)](/rules/arizona-landlord-tenant-repair-responsibility/)

More states are published continually, see them all on the [landlord-tenant repair hub](/issues/rental-landlord-tenant-repair/), and for a specific fixture (a broken heater, a leak, mold) start from [browse by issue](/issues/). For a specific fixture like plumbing, running water, or heat, see the [landlord-tenant plumbing & water hub](/issues/landlord-tenant-plumbing/).

This is general information, not legal advice. Habitability law varies by state and city, and your lease and local housing code can change the result. Confirm your jurisdiction's current rule (each linked page cites the statute and the date we checked it) before you act.