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DictionaryRenting

Warranty of habitability: what it means

The warranty of habitability is a tenant's right to a livable, safe and sanitary home. The rules depend on the state.

In Spanish it is

Garantía de habitabilidad (warranty of habitability)

Also written as: habitability · fit and habitable condition

The full explanation

In New York, according to the Attorney General's office, this right is implied in every written or oral residential lease, and a lease clause that waives it is void; it is breached, for example, when heat or hot water is not provided regularly. In California, the landlord must keep plumbing, heating, electrical equipment and locks in working order and keep the unit free of pests. In Arizona, the law requires keeping the home in a fit and habitable condition.

An example

In the middle of winter, Rosa's New York apartment goes without heat for weeks. Rosa notifies her landlord in writing, keeps a copy and asks for free advice about her options.

You will see it in…

  • Your lease, even if it does not say so in writing
  • Your state's tenant rights guides
  • Letters to your landlord asking for repairs

Words that go with it

You will rarely see this word alone. These are the ones that show up with it on the same papers.

A grandmother pushes her grandson on a playground swing.

Still confused by a paper?

A HUD-approved housing counselor can walk you through it. Agencies usually charge little or nothing, many work in Spanish, and they do not sell you anything.

Official sources

We sum up what these official sources say, in plain words. We add no rules they do not state; when a rule changes, the definition and its date change.

  1. 1. New York State Office of the Attorney General · Residential Tenants' Rights Guide: Warranty of Habitability (external site) · in English · Verified on October 17, 2026
  2. 2. California Department of Justice, Office of the Attorney General · Landlord-Tenant Issues: habitability (external site) · in English · Verified on October 17, 2026
  3. 3. Arizona State Legislature · Arizona Revised Statutes § 33-1324: landlord to maintain fit premises (external site) · in English · Verified on October 17, 2026