Tenant Habitability
Obligations For All 50 States & DC
Copyright Warning, Disclaimer and Permissions
Information
© 2014 Landlord.com
This is the mirror image of the landlord responsibilities chart. It occurred to us that many of our visitors may be asking themselves: “Why is everyone always talking about the landlord’s responsibilities to his tenants. Don’t the tenants have responsibilities to their landlords? Well, this is your answer.
As we did in the landlord responsibilities chart, we share the results of our research offering citations to the statutes we were able to find for each state, highlights of the responsibilities placed on the tenant by those statutes, remedies prescribed by statute, and an authoritative publication that deals, at least in part, with these responsibilities.
Note that there is more to the tenant’s responsibilities than what we have gleaned from the landlord-tenant statutes. Tenants are also temporary custodians of your property. Regardless of which state they occupy they also owe you the following, just as any temporary custodian, tenant or brother-in-law, of any piece of property, personal or real, would.
To use the property within the scope of the uses permitted by your agreement
To use the property and it’s fixtures and appurtenances in a reasonable manner so as not to expose them to damage
To not permit third persons to damage the property
To return the property to you when the period of the lease has expired in at least as good condition as it was in when it was given to them
To report claims or notices pertaining to the property that they have received during the term of tenancy to you
To report conditions that may cause damage to the property if not corrected promptly
To keep the property over which they have exclusive control clean
One of the reasons there is so little about the rights of landlords as opposed to their responsibilities is that a landlord’s rights are already well defined and ingrained in our law and have been for more than a few centuries, whereas an urban tenant’s rights are still being defined.
ALABAMA
Citation
Code of Ala, §35-9A-301 , §35-9A-422
Highlights
Tenant must:
- comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety
- keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permit
- dispose from the dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner
- keep all plumbing fixtures in the dwelling unit or used by the tenant as clear as their condition permits
- use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises
- not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises; or knowingly, recklessly, or negligently permit any person to do so; and
- conduct himself or herself and require other persons on the premises with the tenant's consent to conduct themselves in a manner that will not disturb the neighbors' peaceful enjoyment of the premises
If a breach of the warranty of habitability is caused by the willful or negligent act of the tenant, his family, or guests, the landlord’s obligation to repair does not arise.
Remedy
If there is noncompliance by the tenant with his duty to maintain the premises materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within seven days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit the itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date periodic rent is due, or if the rental agreement has terminated, for immediate payment.
ALASKA
Citation
Alaska Statutes §34.03.120, §34.03.220
Highlights
The tenant:
- must keep that part of the premises occupied and used by the tenant as clean and safe as the condition of the premises permit
- must dispose all ashes, rubbish, garbage, and other waste from the dwelling unit in a clean and safe manner
- must keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits
- must use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other facilities and appliances including elevators in the premises
- must not deliberately or negligently destroy, deface, damage, impair, or remove a part of the premises or knowingly permit any person to do so
- must not unreasonably disturb, or permit others on the premises with the tenant's consent to unreasonably disturb, a neighbor's peaceful enjoyment of the premises
- must maintain smoke detection devices and carbon monoxide detection devices as required under AS 18.70.095
Remedy for breach
If the tenant or someone in the tenant's control deliberately inflicts substantial damage to the premises in breach of AS 34.03.120(a)(5), the landlord may deliver a written notice to quit to the tenant under AS 09.45.100 - 09.45.105 specifying the act constituting the breach and specifying that the rental agreement will terminate upon a date that is not less than 24 hours after service of the notice; for purposes of this paragraph, damage to premises is "substantial" if the loss, destruction, or defacement of property attributable to the deliberate infliction of damage to the premises exceeds $400.
if there is a material noncompliance by the tenant with the rental agreement, or if there is noncompliance with AS 34.03.120 , other than deliberate infliction of substantial damage to the premises or other than noncompliance as to a utility service for which the provisions of (e) of this section apply, materially affecting health and safety, the landlord may deliver a written notice to quit to the tenant under AS 09.45.100 - 09.45.110 specifying the acts and omissions constituting the breach and specifying that the rental agreement will terminate upon a date not less than 10 days after service of the notice; if the breach is not remedied, the rental agreement terminates as provided in the notice subject to the provisions of this section; if the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate; in the absence of due care by the tenant, if substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within six months, the landlord may terminate the rental agreement upon at least five days written notice to quit specifying the breach and the date of termination of the rental agreement.
ARIZONA
Highlights
The tenant must:
- Comply with all obligations primarily imposed upon tenants by applicable provisions of building codes materially affecting health and safety
- Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit
- Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner
- Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits
- Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises
- Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so
- Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises
- notify the landlord of any situation or occurrence that requires the landlord to provide maintenance, make repairs or otherwise requires the landlord to take action as prescribed in section 33-1324
Remedy for breach
If there is noncompliance by the tenant with his duty to maintain the premises materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date when periodic rent is due, or if the rental agreement has terminated, for immediate payment.
ARKANSAS
Citation
None
Highlights
According to the Arkansas Attorney General , a tenant who rents a residence takes it as is, and the landlord has no further obligation to maintain the premises. The only obligation the landlord has is to meet city building codes.
Remedy for breach
None specified by statute
Publication
CALIFORNIA
Highlights
The landlord is under no obligation to repair if the tenant is in breach of any of the following obligations and the breach substantially contributed to the condition in need of repair.
·
To keep that part of the premises which he occupies and uses clean and sanitary as the condition of the premises permits
·
To dispose from his dwelling unit of all rubbish, garbage and other waste, in a clean and sanitary manner
·
To properly use and operate all electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits
·
Not to permit any person on the premises, with his permission, to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or dwelling unit or the facilities, equipment, or appurtenances thereto, nor himself do any such thing
·
To occupy the premises as his abode, utilizing portions thereof for living, sleeping, cooking or dining purposes only which were respectively designed or intended to be used for such occupancies
Remedy for breach
Failure to comply with the tenant’s responsibilities above is a breach of a condition of tenancy and the landlord may evict for such breach under Code of Civil Procedure §1161(3)
Publication
COLORADO
Citation
Colorado Rev Stats §38-12-504, §38-12-508
Highlights
A tenant is under an obligation to use the premises in a clean and safe manner. The tenant fails to do so if he substantially fails to:
- Comply with obligations imposed upon tenants by applicable provisions of building, health, and housing codes materially affecting health and safety
- Keep the dwelling unit reasonably clean, safe, and sanitary as permitted by the conditions of the unit
- Dispose of ashes, garbage, rubbish, and other waste from the dwelling unit in a clean, safe, sanitary, and legally compliant manner
- Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, elevators, and other facilities and appliances in the dwelling unit
- Conduct himself or herself and require other persons in the residential premises within the tenant's control to conduct themselves in a manner that does not disturb their neighbors' peaceful enjoyment of the neighbors' dwelling unit
- Promptly notify the landlord if the residential premises is uninhabitable as defined in section 38-12-505 or if there is a condition that could result in the premises becoming uninhabitable if not remedied
In addition, a tenant may not knowingly, intentionally, deliberately, or negligently destroy, deface, damage, impair, or remove any part of the residential premises or knowingly permit any person within his or her control to do so
Remedy for breach
If the condition causing the premises to be uninhabitable was substantially created by the tenant himself, that is a defense to the tenant’s claim of breach of the implied warranty of habitability.
Publication
CONNECTICUT
Highlights
The Tenant must:
- Comply with all obligations primarily imposed upon tenants by applicable provisions of any building, housing or fire code materially affecting health and safety
- keep such part of the premises that he occupies and uses as clean and safe as the condition of the premises permit
- remove from his dwelling unit all ashes, garbage, rubbish and other waste in a clean and safe manner to the place provided by the landlord
- keep all plumbing fixtures and appliances in the dwelling unit or used by the tenant as clean as the condition of each such fixture or appliance permits
- not wilfully or negligently destroy, deface, damage, impair or remove any part of the premises or permit any other person to do so
- conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises or constitute a nuisance, as defined in section 47a-32, or a serious nuisance, as defined in section 47a-15
- if judgment has entered against a member of the tenant's household pursuant to subsection (c) of section 47a-26h for serious nuisance by using the premises for the illegal sale of drugs, not permit such person to resume occupancy of the dwelling unit, except with the consent of the landlord
- use all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises in a reasonable manner
Remedy for breach
If the tenant fails to discharge his responsibilities, the landlord may enforce them by delivering a notice giving the tenant 15 days notice to correct the condition. If the tenant fails to do so, the landlord may evict. See §47a-15 for details in cases of illegal drug use or other illegal activities.
DELAWARE
Citation
Delaware Code Chapter 25 §5503, §5505, §5513
Highlights
The tenant must:
- Comply with all obligations imposed upon tenants by applicable provisions of all municipal, county and state codes, regulations, ordinances and statutes
- Keep that part of the premises which the tenant occupies and uses as clean and safe as the conditions of the premises permit
- Dispose from the rental unit all ashes, rubbish, garbage and other organic or flammable waste, in a clean and safe manner
- Keep all plumbing fixtures used by the tenant as clean and safe as their condition permits
- Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating and other facilities and appliances in the premises
- Not wilfully or wantonly destroy, deface, damage, repair or remove any part of the structure or rental unit or the facilities, equipment or appurtenances thereto, nor permit any person on the premises with the tenant's permission to do any such thing
- Comply with all covenants, rules, requirements and the like which are in accordance with §§ 5511 and 5512 of this title; and which the landlord can demonstrate are reasonably necessary for the preservation of the property and persons of the landlord, other tenants or any other person
The tenant is also required to report the existence of any defective condition the tenant becomes aware of that he has reason to believe it is the responsibility of the landlord or another tenant to correct.
Remedy for breach
The landlord may bring an action for summary possession after giving the tenant seven days notice to correct a neglect to perform the tenant’s habitability responsibilities, in addition to an action for breach of the lease.
DISTRICT OF COLUMBIA
Citation
The District of Columbia has its rules and regulations in it’s local Housing Code, which is not available to us. You should consult the Department of Consumer and Regulatory Affairs .
Highlights
See above
Remedy for breach
See above
Publication
FLORIDA
Highlights
The tenant must:
· Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes
· Keep that part of the premises which he or she occupies and uses clean and sanitary
· Remove from the tenant’s dwelling unit all garbage in a clean and sanitary manner
· Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair
· Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators
· Not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the landlord nor permit any person to do so
· Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace
Remedy for breach
The tenants duties may be enforced by a civil action. Monetary damages are recoverable for breach. The landlord may also terminate the rental agreement and evict the tenant after giving notice to correct the breach, if that is possible, under §83.56 .
Publication
GEORGIA
Citation
Georgia Code §44-7-34
Highlights
Tenant is responsible for all damage to the property caused by negligence, accident, or abuse by himself or his guests
Remedy for breach
Cost of repair may be deducted from the security deposit on termination of tenancy or, presumably, suit may be filed for cost of repair during tenancy.
HAWAII
Highlights
The tenant must
- Comply with all applicable building and housing laws materially affecting health and safety
- Keep that part of the premises which the tenant occupies and uses as clean and safe as the conditions of the premises permit
- Dispose from the tenant's dwelling unit all rubbish, garbage, and other organic or flammable waste in a clean and safe manner
- Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits
- Properly use and operate all electrical and plumbing fixtures and appliances in the dwelling unit or used by the tenant
- Not permit any person on the premises with the tenant's permission to wilfully destroy, deface, damage, impair, or remove any part of the premises which include the dwelling unit or the facilities, equipment, or appurtenances thereto, nor oneself do any such thing
- Keep the dwelling unit and all facilities, appliances, furniture, and furnishings supplied therein by the landlord in fit condition, reasonable wear and tear excepted
- Comply with all obligations, restrictions, rules, and the like which are in accordance with section 521-52 and which the landlord can demonstrate are reasonably necessary for the preservation of the property and protection of the persons of the landlord, other tenants, or any other person
- comply with all obligations or restrictions, whether denominated by the landlord as rules, or otherwise, concerning the tenant's use, occupancy, and maintenance of the tenant's dwelling unit, appurtenances thereto, and the premises of which the dwelling unit is a part
- advise the landlord of a defective condition of the premises which comes to the tenant's attention, which the tenant has reason to believe is unknown to the landlord, and which the tenant has reason to believe is the duty of the landlord or of another tenant to repair, shall be reported by the tenant to the landlord as soon as practicable
Remedy for breach
IDAHO
Citation
Idaho Statutes §6-201
Highlights
The tenant may not commit waste while in possession of the rented property.
Remedy for breach
Landlord may sue the Tenant for waste and recover triple his actual damages.
Publication
ILLINOIS
Citation
Illinois Compiled Statutes
Highlights
No statute. Illinois’s warranty of habitability is in its common law. See Jack Spring v. Little , 50 Ill.2d 351, 280 N.E. 2d 208 (1972); Glasoe v. Trinkle , 107 Ill.2d 1, 479 N.E.2d 915, 88 Ill Dec. 895 (1985).
Remedy for breach
Landlord may file suit for and recover possession and damages if the tenant commits waste on the premises.
Publication
INDIANA
Citation
Indiana Code §32-31-7-5 , §32-31-7-7
Highlights
The tenant must do the following:
- Comply with all obligations imposed primarily on a tenant by applicable provisions of health and housing codes
- Keep the areas of the rental premises occupied or used by the tenant reasonably clean
- Use the following in a reasonable
manner:
(A) Electrical systems.
(B) Plumbing.
(C) Sanitary systems.
(D) Heating, ventilating, and air conditioning systems.
(E) Elevators, if provided.
(F) Facilities and appliances of the rental premises - Refrain from defacing, damaging, destroying, impairing, or removing any part of the rental premises
- Comply with all reasonable rules and regulations in existence at the time a rental agreement is entered into. A tenant must also comply with amended rules and regulations as provided in the rental agreement
- Ensure that each smoke detector installed in the tenant's rental unit remains functional and is not disabled
Remedy for breach
The
landlord may bring an action in a court with
jurisdiction to enforce an obligation of a tenant
under this chapter.
To do so the landlord must have met the following
conditions:
(1) The landlord gave the tenant notice of the
tenant's noncompliance with a habitability
responsivility.
(2) The tenant was given a reasonable amount of time
to remedy the noncompliance.
If the noncompliance has caused physical damage that
the landlord has repaired, the landlord has given
notice specifying the repairs that the landlord has
made and documenting the landlord's cost to remedy
the condition described in the notice.
A landlord is not required to comply with the notice
requirements if the tenant's occupancy of the rental
premises has terminated.
Publication
IOWA
Highlights
The tenant must:
1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety.
2. Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permit.
3. Dispose from the tenant’s dwelling unit all ashes, rubbish, garbage, and other waste in a clean and safe manner.
4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises.
6. Not deliberately or negligently destroy, deface, damage, impair or remove a part of the premises or knowingly permit a person to do so.
7. Act in a manner that will not disturb a neighbor’s peaceful enjoyment of the premises.
Remedy for breach
If the tenant fails to discharge his habitability responsibilities the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if the breach is not remedied in seven days, and the rental agreement shall terminate as provided in the notice. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement does not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the landlord may terminate the rental agreement upon at least seven days’ written notice specifying the breach and the date of termination of the rental agreement.
Publication
KANSAS
Highlights
The tenant must:
- Comply with the requirements of applicable building and housing codes materially affecting health and safety
- exercise reasonable care in the maintenance of the common areas
- keep that part of the premises that such tenant occupies and uses as clean and safe as the condition of the premises permit
- remove from such tenant's dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner
- keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits
- use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators in the premises
- be responsible for any destruction, defacement, damage, impairment or removal of any part of the premises caused by an act or omission of the tenant or by any person or animal or pet on the premises at any time with the express or implied permission or consent of the tenant
- not engage in conduct or allow any person or animal or pet, on the premises with the express or implied permission or consent of the tenant, to engage in conduct that will disturb the quiet and peaceful enjoyment of the premises by other tenants
Remedy for breach
Landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice, if the breach is not remedied in 14 days. The rental agreement terminates as provided in the notice regardless of the periodic rent-paying date, except that if the breach is remediable by repairs or the payment of damages or otherwise, and the tenant adequately initiates a good faith effort to remedy the breach prior to the date specified in the notice, the rental agreement does not terminate. However, in the event that a similar breach occurs after the 14-day period, the landlord may deliver a written notice to the tenant that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice without providing the opportunity to remedy the breach. The rental agreement then terminates as provided in such notice regardless of the periodic rent-paying date.
Publication
KENTUCKY
Highlights
The Tenant must:
(1) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
(2) Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit;
(3) Dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;
(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
(5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;
(6) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so; and
(7) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises.
Remedy for breach
If there is noncompliance by the tenant with habitability obligations the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice. If the breach is not remedied in fifteen (15) days, the rental agreement shall terminate as provided in the notice subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least fourteen (14) days' written notice specifying the breach and the date of termination of the rental agreement.
Publication
None available
LOUISIANA
Highlights
The tenant is obligated to use the premises as a “prudent administrator” for the purposes for which it was intended and to return the premises at the conclusion of tenancy in at least as good condition as it was let to him.
Remedy for breach
Misuse of the premises causing damage entitles the landlord to terminate the lease and evict the tenant, or sue for damages.
Publication
MAINE
Citation
Maine Rev. Stats Title 14 §6002
Highlights
The tenant may not damage the premises or create a nuisance on the premises.
Remedy for breach
In the event of damage or creation of a nuisance, the landlord may terminate the tenancy and evict if the tenant fails to correct the offending condition on 7 days written notice to the tenant.
Publication
MARYLAND
Citation
Maryland Code, Real Property, §8-211, §8-402.1
Highlights
The tenant may not withhold rent or exercise other remedies for the failure of the landlord to provide the following if the tenant or his family or guests are the cause of the condition, or if the tenant has failed to provide the landlord access for the purpose of repair after giving the landlord notice and a reasonable opportunity to repair:
- Lack of heat, light, electricity, or hot or cold running water, except where the tenant is responsible for the payment of the utilities and the lack thereof is the direct result of the tenant's failure to pay the charges
- Lack of adequate sewage disposal facilities
- Infestation of rodents in two or more dwelling units
- The existence of any structural defect which presents a serious and substantial threat to the physical safety of the occupants
- The existence of any condition which presents a health or fire hazard to the dwelling unit
Remedy for breach
The landlord may evict the tenant on 30 days notice, or 14 days if the danger to lives or property is imminent, if the tenant fails to repair the condition. See §8-402.1 for details.
Publication
MASSACHUSETTS
Citation
See Highlights.
Highlights
Massachusetts has an elaborate Sanitary Code that regulates not only the general quality, but also very specific characteristics that units designed for rental must possess. You can find these regulations here, as provided by the Massachusetts Trial Court Law Libraries .
Remedy for breach
N/A
Publication
MICHIGAN
Citation
MI Compiled Laws §554.139
Highlights
The landlord’s responsibility to maintain fit premises does not apply to conditions that arise as a result of the fault of the Tenant.
Remedy for breach
See Rights and Duties of Tenants, below.
Publication
MINNESOTA
Citation
No statute found
Highlights
N/a
Remedy for breach
N/a
MISSISSIPPI
Citation
Mississippi Code §89-8-25, 89-8-13
Highlights
The tenant must:
- Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits
- Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards
- Keep all plumbing fixtures in the dwelling unit used by the tenant as clean as their condition permits
- Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises
- Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so
- Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of their premises
- Inform the landlord of any condition of which he has actual knowledge which may cause damage to the premises
- To the extent of his legal obligation, maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety
- Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency
Remedy for breach
If the tenant is notified of needed repairs and they are not completed within a reasonable time not to exceed 30 days, landlord may terminate lease. Landlord may also sue for breach of covenant. See §89-8-13 for details.
Publication
MISSOURI
Citation
Missouri Rev. Stats. §441.030
Highlights
Missouri’s implied warranty of habitability is part of its common law and has not been codified. See the publication linked before for details on the tenants obligations to maintain the rental premises.
Remedy for breach
Termination of tenancy, suit for waste to the premises.
Publication
MONTANA
Citation
Montana Code §70-24-321 , §70-24-422
Highlights
The tenant must:
(a) comply with all obligations primarily
imposed upon tenants by applicable provisions of
building and housing codes materially affecting
health and safety;
(b) keep that part of the premises that the
tenant occupies and uses as reasonably clean and
safe as the condition of the premises permits;
(c) dispose from the dwelling unit all ashes,
garbage, rubbish, and other waste in a clean and
safe manner;
(d) keep all plumbing fixtures in the dwelling
unit or used by the tenant as clean as their
condition permits;
(e) use in a reasonable manner all electrical,
plumbing, sanitary, heating, ventilating,
air-conditioning, and other facilities and
appliances, including elevators, in the premises;
(f) conduct oneself and require other persons
on the premises with the tenant's consent to conduct
themselves in a manner, that will not disturb the
tenant's neighbors' peaceful enjoyment of the
premises; and
(g) use the parts of the premises, including
the living room, bedroom, kitchen, bathroom, and
dining room, in a reasonable manner, considering the
purposes for which they were designed and intended.
Remedy for breach
Landlord may deliver a written notice to the tenant
pursuant to § 70-24-108
specifying the acts and omissions constituting the
noncompliance and that the rental agreement will
terminate upon a date specified in the notice not
less than the minimum number of days after receipt
of the notice stated below. The rental agreement
terminates as provided in the notice, subject to the
following:
(a) If the noncompliance is remediable by
repairs, the payment of damages, or otherwise and
the tenant adequately remedies the noncompliance
before the date specified in the notice, the rental
agreement does not terminate.
(b) If the noncompliance involves an
unauthorized pet, the notice period is 3 days.
(c) If the noncompliance involves unauthorized
persons residing in the rental unit, the notice
period is 3 days.
(d) If the noncompliance is not listed in (b)
or (c), the notice period is 14 days.
(e) If substantially the same act or omission
that constituted a prior noncompliance of which
notice was given recurs within 6 months, the
landlord may terminate the rental agreement upon at
least 5 days' written notice specifying the
noncompliance and the date of the termination of the
rental agreement.
Publication
NEBRASKA
Highlights
The Tenant must:
(1) Comply with all obligations primarily imposed upon tenants by applicable minimum standards of building and housing codes materially affecting health or safety;
(2) Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit, and upon termination of the tenancy place the dwelling unit in as clean condition, excepting ordinary wear and tear, as when the tenancy commenced;
(3) Dispose from his dwelling unit all ashes, rubbish, garbage, and other waste in a clean and safe manner;
(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
(5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises;
(6) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so;
(7) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises; and
(8) Abide by all bylaws, covenants, rules or regulations of any applicable condominium regime, cooperative housing agreement, or neighborhood association not inconsistent with landlord's rights or duties.
Remedy for breach
The landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days, and the rental agreement shall terminate as provided in the notice subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the landlord may terminate the rental agreement upon at least fourteen days' written notice specifying the breach and the date of termination of the rental agreement. The landlord may also sue for damages and injunction.
Publication
NEVADA
Citation
Nev. Rev. Stats. §118A.310 , §§118A.420 - 440
Highlights
The tenant must:
1. Comply with the terms of the rental agreement;
2. Keep that part of the premises which is occupied and used as clean and safe as the condition of the premises permit;
3. Dispose of all ashes, garbage, rubbish and other waste from the dwelling unit in a clean and safe manner;
4. Keep all plumbing fixtures in the dwelling unit as clean as their condition permits;
5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, in the premises;
6. Not deliberately or negligently render the premises uninhabitable or destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so; and
7. Conduct himself or herself and require other persons on the premises with his or her consent to conduct themselves in a manner that will not disturb a neighbor’s peaceful enjoyment of the premises.
Remedy for breach
Landlord may sue for damages and injunction, terminate the rental agreement, or do the work and charge the tenant. See §§118A.420 - 440 for details.
Publication
N/A
NEW HAMPSHIRE
Citation
N.H. Rev. Stats. Chapter 48-A , §540:13-d
Highlights
The governing bodies of the municipalities set the housing standards that must be met. The parties are obligated to meet these standards.
Remedy for breach
The tenant may not withhold rent if the conditions were caused by his own fault, if he failed to give the landlord notice and an opportunity to cure the defect, or if he failed to provide the landlord with access necessary to cure it.
Publication
NEW JERSEY
Citation
N/A
Highlights
The habitability laws for New Jersey are apparently contained in a complex combination of state and local codes and laws. We are unable to locate specific statutes in the New Jersey statutes. The Habitability Bulletin cited below contains an unbiased summary of the obligations arising from these laws.
Remedy for breach
See below.
Publication
NEW MEXICO
Highlights
The Tenant must:
- comply with obligations imposed upon residents by applicable minimum standards of housing codes materially affecting health or safety
- keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit, and, upon termination of the residency, place the dwelling unit in as clean condition, excepting ordinary wear and tear, as when residency commenced
- dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner
- keep all plumbing fixtures in the dwelling unit or used by the resident as clean as their condition permits
- use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilation, air conditioning and other facilities and appliances including elevators, if any, in the premises
- not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so
- conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises
- abide by all bylaws, covenants, rules or regulations of any applicable condominium regime, cooperative housing agreement or neighborhood association not inconsistent with owner's rights or duties
- not knowingly commit or consent to any other person knowingly committing a substantial violation
Remedy for breach
The landlord has an elaborate set of remedies in the event of the tenant’s failure to discharge his habitability obligations. These are included in §47-8-33 , which should be read in its entirety.
Publication
NEW YORK
Citation
NY Cons. Laws RPP §235-b , Multiple Dwelling Law
Highlights
All parties to a lease or rental agreement are deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. The landlord is also subject to the provisions of the Multiple Dwelling Law
, and myriad local ordinances and laws.
Remedy for breach
In the event of the tenant’s failure to comply the landlord may recover damages or evict the tenant.
Publication
NORTH CAROLINA
Highlights
The Tenant must:
(1) Keep that part of the premises that the tenant occupies and uses as clean and safe as the conditions of the premises permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the premises that the tenant uses.
(2) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner.
(3) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
(4) Not deliberately or negligently destroy, deface, damage, or remove any part of the premises, nor render inoperable the smoke detector or carbon monoxide detector provided by the landlord, or knowingly permit any person to do so.
(5) Comply with any and all obligations imposed upon the tenant by current applicable building and housing codes.
(6) Be responsible for all damage, defacement, or removal of any property inside a dwelling unit in the tenant's exclusive control unless the damage, defacement or removal was due to ordinary wear and tear, acts of the landlord or the landlord's agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the tenant, or natural forces.
(7) Notify the landlord, in writing, of the need for replacement of or repairs to a smoke detector or carbon monoxide detector. The landlord shall ensure that a smoke detector and carbon monoxide detector are operable and in good repair at the beginning of each tenancy. Unless the landlord and the tenant have a written agreement to the contrary, the landlord shall place new batteries in a battery‑operated smoke detector and battery‑operated carbon monoxide detector at the beginning of a tenancy and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed is not considered as negligence on the part of the tenant or the landlord.
Remedy for breach
Landlord may sue for damages, evict for breach of a condition of tenancy.
Publication
NORTH DAKOTA
Citation
N.D. Century Code §47-16-13.2 , §47-16-13.6
Highlights
The Tenant must:
1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety.
2. Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permit.
3. Periodically remove all ashes, garbage, rubbish, and other waste from the tenant's dwelling unit, and dispose of them in a clean and safe manner.
4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the
premises.
6. Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so.
7. Conduct oneself and require other persons on the premises with the tenant's consent to conduct themselves in a manner that will not disturb the tenant's neighbors' peaceful enjoyment of the premises.
Remedy for breach
If the landlord fails to perform his obligations the tenant may file suit for damages and costs and attorney fees or terminate the lease.
Publication
OHIO
Highlights
An Ohio Tenant must do all of the following:
- Keep that part of the premises that he occupies and uses safe and sanitary
- Dispose of all rubbish, garbage, and other waste in a clean, safe, and sanitary manner
- Keep all plumbing fixtures in the dwelling unit or used by him as clean as their condition permits
- Use and operate all electrical and plumbing fixtures properly
- Comply with the requirements imposed on tenants by all applicable state and local housing, health, and safety codes
- Personally refrain and forbid any other person who is on the premises with his permission from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance, or other part of the premises
- Maintain in good working order and condition any range, refrigerator, washer, dryer, dishwasher, or other appliances supplied by the landlord and required to be maintained by the tenant under the terms and conditions of a written rental agreement
- Not unreasonably deny the landlord entry into the premises for the purpose of inspection or repair
Remedy for breach
Upon violation by the tenant the landlord may sue for damages and other relief, including eviction of the tenant.
Publication
OKLAHOMA
Highlights
The tenant must:
- Keep that part of the premises which such tenant occupies and uses as safe, clean and sanitary as the condition of the premises permits
- Dispose from such tenant's dwelling unit all ashes, garbage, rubbish and other waste in a safe, clean and sanitary manner
- Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean and sanitary as their condition permits
- Use in a safe and nondestructive manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises
- Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person, animal or pet to do so
- Not engage in conduct or allow any person or animal or pet, on the premises with the express or implied permission or consent of the tenant, to engage in conduct that will disturb the quiet and peaceful enjoyment of the premises by other tenants
- Comply with all covenants, rules, regulations and the like
- Not engage in criminal activity that threatens the health, safety or right of peaceful enjoyment of the premises by other tenants or is a danger to the premises, and not engage in any drug-related criminal activity on or near the premises either personally or by any member of the tenant's household or any guest or other person under the tenant's control
Remedy for breach
In case of a breach by the tenant the landlord may:
If noncompliance can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in the case of an emergency or within ten (10) days after written notice served by the landlord specifying the breach and requiring that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and thereafter submit the itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date rent is due, or if the rental agreement has terminated, for immediate payment. If the landlord remedies the breach as stated, the tenancy does not terminate.
In the alternative, the landlord may deliver to the tenant a written notice specifying the acts and omissions constituting the noncompliance and that the rental agreement will terminate upon a date not less than fifteen (15) days after receipt of the notice unless remedied within ten (10) days. If the breach is not remedied within ten (10) days from receipt of the notice, the rental agreement shall terminate as provided in the notice. If within the ten (10) days the tenant adequately remedies the breach complained of, or if the landlord remedies the breach according to the provisions of subsection A of this section, the rental agreement shall not terminate by reason of the breach. Any subsequent breach of the lease or noncompliance under this section shall be grounds, upon written notice to the tenant, for immediate termination of the lease.
If there is a noncompliance by the tenant, which noncompliance causes or threatens to cause imminent and irremediable harm to the premises or to any person and which noncompliance is not remedied by the tenant as promptly as conditions require after the tenant has notice of it, the landlord may terminate the rental agreement by immediately filing a forcible entry and detainer action.
See §41-132 for details.
Publication
OREGON
Highlights
The Oregon Tenant must:
- Use the parts of the premises including the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner considering the purposes for which they were designed and intended
- Keep all areas of the premises under control of the tenant in every part as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, as the condition of the premises permits and to the extent that the tenant is responsible for causing the problem. The tenant shall cooperate to a reasonable extent in assisting the landlord in any reasonable effort to remedy the problem.
- Dispose from the dwelling unit all ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste, as defined in ORS 459.386, the tenant may not dispose of these items by placing them in garbage receptacles or in any other place or manner except as authorized by state and local governmental agencies.
- Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
- Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises.
- Test at least once every six months and replace batteries as needed in any smoke alarm, smoke detector or carbon monoxide alarm provided by the landlord and notify the landlord in writing of any operating deficiencies.
- Behave and require other persons on the premises with the consent of the tenant to behave in a manner that will not disturb the peaceful enjoyment of the premises by neighbors.
A tenant may not:
(a) Remove or tamper with a smoke alarm, smoke detector or carbon monoxide alarm as described in ORS 105.842 or 479.300.
(b) Deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.
Remedy for breach
In the event of tenant’s failure to perform his responsibilities, the landlord may require the tenant, by notice, to cure the default if possible, and evict the tenant if a cure is not made or is impossible. See §90.392 for details.
Publication
PENNSYLVANIA
Citation
Pennsylvania’s statutes do not define habitability as do the statutes of most states. The implied warranty of habitability was created by the Pennsylvania Supreme Court. Read the references below for a summary of this doctrine.
Highlights
No statute
Remedy for breach
N/a
RHODE ISLAND
Highlights
The Rhode Island tenant must:
(1) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
(2) Keep that part of the premises that he or she occupies and uses as clean and safe as the condition of the premises permit;
(3) Dispose from his or her dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;
(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
(5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, in the premises;
(6) Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so;
(7) Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that will not disturb his or her neighbors' peaceful enjoyment of the premises;
(8) Refrain from using any part of the premises in a manner such as would constitute the maintaining of a narcotics nuisance under the provisions of § 21-28-4.06
Remedy for breach
Landlord may evict for failure to perform obligations listed above. See §34-18-36 for list of remedies and details.
Publication
SOUTH CAROLINA
Citation
SC Code §27-40-510 , §27-40-710
Highlights
The South Carolina tenant must:
- comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety
- keep the dwelling unit and that part of the premises that he uses reasonably safe and reasonably clean
- dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a reasonably clean and safe manner
- keep all plumbing fixtures in the dwelling unit or used by the tenant reasonably clean
- use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises
- not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so who is on the premises with the tenant's permission or who is allowed access to the premises by the tenant
- conduct himself and require other persons on the premises with the tenant's permission or who are allowed access to the premises by the tenant to conduct themselves in a manner that will not disturb other tenant's peaceful enjoyment of the premises
Remedy for breach
In the event of the failure of the tenant to fulfill his responsibilities, the landlord may, on notice, terminate the rental agreement or take other less drastic action. See §27-40-710 for details.
Publication
SOUTH DAKOTA
Highlights
The tenant must preserve the premises, appliances, appurtenances, and other leased personality in good condition, and repair all deteriorations or damage thereto occasioned by his negligent, willful or malicious conduct or such conduct of persons acting under his direction or control.
Remedy for breach
A landlord may terminate a lease and
reclaim the premises before the end of the agreed
term:
(1) When the tenant uses or
permits a use of the premises in a manner contrary
to the lease agreement; or
(2) When the tenant does not
within a reasonable time after request make such
repairs as he may be bound to make.
Publication
TENNESSEE
Citation
Tennessee Code §66-28-401 , §66-28-505
Highlights
The tenant must:
- Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety
- Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises when the tenant took possession
- Dispose from the tenant's dwelling unit all ashes, rubbish, garbage, and other waste to the designated collection areas and into receptacles
- Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person to do so; and shall not engage in any illegal conduct on the premises
- Act and require other persons on the premises, with the tenant's or other occupants' consent, to act in a manner that will not disturb the neighbors' peaceful enjoyment of the premises
Remedy for breach
If there is a material noncompliance by the tenant with the rental agreement or a noncompliance with § 66-28-401 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach, and that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice. If the breach is not remedied in fourteen days, the rental agreement shall terminate as provided in the notice. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the landlord may terminate the rental agreement upon at least fourteen days' written notice specifying the breach and the date of termination of the rental agreement.
Publication
TEXAS
Highlights
The landlord has no obligation to repair any condition that is caused by the tenant, a lawful occupant in the tenant’s dwelling, or a guest or invitee of the tenant. The landlord is not obligated to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available, or furnish security guards.
Remedy for breach
Where the tenant wrongfully invokes rights of repair, etc., the landlord may recover damages, penalty damages of up to $500, and his attorney fees under §92.058 .
Publication
UTAH
Highlights
The tenant must:
- comply with the rules of the board of health having jurisdiction in the area in which the residential rental unit is located which materially affect physical health and safety
- maintain the premises occupied in a clean and safe condition and shall not unreasonably burden any common area
- dispose of all garbage and other waste in a clean and safe manner
- maintain all plumbing fixtures in as sanitary a condition as the fixtures permit
- use all electrical, plumbing, sanitary, heating, and other facilities and appliances in a reasonable manner
- occupy the residential rental unit in the manner for which it was designed, but the renter may not increase the number of occupants above that specified in the rental agreement without written permission of the owner
- comply with each rule, regulation, or requirement of the rental agreement, including any prohibition on, or the allowance of, smoking tobacco products within the residential rental unit, or on the premises, or both
The tenant may not:
- intentionally or negligently destroy, deface, damage, impair, or remove any part of the residential rental unit or knowingly permit any person to do so
- interfere with the peaceful enjoyment of the residential rental unit of another renter
- unreasonably deny access to, refuse entry to, or withhold consent to enter the residential rental unit to the owner, agent, or manager for the purpose of making repairs to the unit
Remedy for breach
Utah has an elaborate enforcement mechanism that can be applied to a landlord who fails to maintain the premises in habitable condition, but only if the tenant is in compliance with all of his obligations of tenancy, including the obligation to pay rent. See §57-22-6 for details.
Publication
VERMONT
Citation
Vermont Stats, Title 9, §4456
Highlights
The tenant:
- may not create or contribute to the noncompliance of the dwelling unit with applicable provisions of building, housing and health regulations
- must conduct himself or herself and require other persons on the premises with the tenant's consent to conduct themselves in a manner that will not disturb other tenants' peaceful enjoyment of the premises
- may not deliberately or negligently destroy, deface, damage or remove any part of the premises or its fixtures, mechanical systems or furnishings or deliberately or negligently permit any person to do so
Remedy for breach
If a tenant acts in violation of this section, the landlord is entitled to recover damages, costs and reasonable attorney's fees, and the violation shall be grounds for termination under subsection 4467(b) .
Publication
VIRGINIA
Citation
Virginia Code §55-248.16 , §55-248.31
Highlights
A Virginia tenant must:
- Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety
- Keep that part of the dwelling unit and the part of the premises that he occupies free from insects and pests
- Remove from his dwelling unit all ashes, garbage, rubbish and other waste in a clean and safe manner and in the appropriate receptacles provided by the landlord
- Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits
- Use in a reasonable manner all utilities and all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises, and keep all utility services paid for by the tenant to the utility service provider or its agent on at all times during the term of the rental agreement
- Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person to do so whether known by the tenant or not
- Not remove or tamper with a properly functioning smoke detector installed by the landlord, including removing any working batteries, so as to render the detector inoperative
- Not remove or tamper with a properly functioning carbon monoxide detector installed by the landlord, including removing any working batteries, so as to render the carbon monoxide detector inoperative
- Use reasonable efforts to maintain the dwelling unit and any other part of the premises that he occupies in such a condition as to prevent accumulation of moisture and the growth of mold, and to promptly notify the landlord of any moisture accumulation that occurs or of any visible evidence of mold discovered by the tenant
- Be responsible for his conduct and the conduct of other persons on the premises with his consent whether known by the tenant or not, to ensure that his neighbors' peaceful enjoyment of the premises will not be disturbed
Remedy for breach
Landlord’s remedies may include suit for damages and injunction or termination of tenancy and eviction. See §55-248.31 for details.
Publication
Washington
Citation
WA Rev Code §59.18.130 , §59-18.160 , §59-18.180
Highlights
The Washington tenant must:
- Keep that part of the premises which he or she occupies and uses as clean and sanitary as the conditions of the premises permit
- Properly dispose from his or her dwelling unit all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by the tenant
- Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the landlord
- Not intentionally or negligently destroy, deface, damage, impair, or remove any part of the structure or dwelling, with the appurtenances thereto, including the facilities, equipment, furniture, furnishings, and appliances, or permit any member of his or her family, invitee, licensee, or any person acting under his or her control to do so. Violations may be prosecuted under chapter 9A.48 RCW if the destruction is intentional and malicious
- Not permit a nuisance or common waste
- Not engage in drug-related activity at the rental premises, or allow a subtenant, sublessee, resident, or anyone else to engage in drug-related activity at the rental premises with the knowledge or consent of the tenant. "Drug-related activity" means that activity which constitutes a violation of chapter 69.41 , 69.50 , or 69.52 RCW
- Maintain the smoke detection device in accordance with the manufacturer's recommendations, including the replacement of batteries where required for the proper operation of the smoke detection device, as required in RCW 48.48.140 (3)
- Not engage in any activity at the
rental premises that is:
(a) Imminently hazardous to the physical safety of other persons on the premises; and
(b)(i) Entails physical assaults upon another person which result in an arrest; or
(ii) Entails the unlawful use of a firearm or other deadly weapon as defined in RCW 9A.04.110 which results in an arrest, including threatening another tenant or the landlord with a firearm or other deadly weapon under RCW 59.18.352 - Not engage in any gang-related activity at the premises
- Upon termination and vacation, restore the premises to their initial condition except for reasonable wear and tear or conditions caused by failure of the landlord to comply with his or her obligations
Remedy for breach
If the tenant fails to discharge his responsibilities, the landlord may sue for damages, do whatever remedial work is required and charge the tenant, or terminate tenancy and evict the tenant. See §59-18.180 for details.
Publication
WEST VIRGINIA
Highlights
West Virginia seems not to have a comprehensive list of tenant duties. The tenant is under a general obligation not to commit waste under §37-7-1 , and the landlord is under no duty to maintain the premises if the tenant is not current on his rent obligations under §37-6-30 . The tenant may also be evicted for damaging the rental property under §55-3A-1 .
Remedy for breach
See Highlights.
Publication
WISCONSIN
Highlights
If the premises are damaged by the negligence or improper use of the premises by the tenant, the tenant must repair the damage and restore the appearance of the premises by redecorating. Except for residential premises subject to a local housing code, the tenant is also under a duty to keep plumbing, electrical wiring, machinery and equipment furnished with the premises in reasonable working order if repair can be made at cost which is minor in relation to the rent. A tenant in a residential tenancy must comply with a local housing code applicable to the premises.
Remedy for breach
Publication
WYOMING
Citation
Wyoming Stats §§1-21-1204, 1-21-1205, 1-21-1211 , 1-21-1001
Highlights
The tenant must:
- Maintain the residential rental unit occupied in a clean and safe condition and not unreasonably burden any common area
- Dispose of all garbage and other waste in a clean and safe manner
- Maintain all plumbing fixtures in a condition as sanitary as the fixtures permit
- Use all electrical, plumbing, sanitary, heating and other facilities and appliances in a reasonable manner
- Occupy the residential rental unit in the manner for which it was designed and shall not increase the number of occupants above that specified in the rental agreement without written permission of the owner
- Comply with all lawful requirements of the rental agreement between the owner and the renter
- Be current on all payments required by the rental agreement
- Remove all property and garbage either owned or placed within the residential rental unit by the renter or his guests prior to termination of the rental agreement and clean the rental unit to the condition at the beginning of the rental agreement
The tenant may not:
- Intentionally or negligently destroy, deface, damage, impair or remove any part of the residential rental unit or knowingly permit any person to do so
- Interfere with another person's peaceful enjoyment of the residential property
- Unreasonably deny access to, refuse entry to or withhold consent to enter the residential rental unit to the owner, agent or manager for the purpose of making repairs to or inspecting the unit, and showing the unit for rent or sale
Remedy for breach
The landlord may sue a tenant in breach for damages or evict under 1-21-1001 .
Publication
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