Guide verification
What we verified in “Repairs as a renter: how to ask and what to do”
This page is the guide’s verification record. Every statement with a rule, a figure or a date appears with the official source behind it, the exact place inside that source and the day we checked it. If a rule changes, we update the guide, this list and the date.
28 checked statements Verified on October 17, 2026 16 official sources
Statements and where we checked them
The statements with rules, figures or dates, with the exact place in the source and the date we checked them.
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According to the CFPB, your rights as a tenant are usually spelled out in your rental agreement and state or local law; your landlord cannot refuse to make necessary repairs, fail to pay for utilities under their control or endanger the health and safety of tenants; many landlords have a lawyer in court, you can get legal help too and you could qualify for free legal aid; and if you live in subsidized housing you can report a bad landlord to HUD.
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The California Attorney General explains that landlords are required to keep residential units safe and well-maintained, which is known as habitability: safe and working plumbing, heating, electrical equipment, floors and stairs; effective waterproofing; windows and doors with working locks; and a property free from roaches, rats and other vermin; even if tenants knew the unit fell short when they moved in, it is still the landlord's responsibility to make it habitable.
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The California Attorney General says tenants with health or safety issues in their homes have a right to ask their landlords to make repairs; that they should make repair requests and complaints in writing; that they should document issues by text messages, emails, letters and certified mail, and also by videos and photos; and that they should keep a copy of all communications with the landlord.
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According to the California Attorney General, if a landlord refuses to make repairs, tenants should contact their local code enforcement office or local health department; cities or counties may also have a rent board or rent control program that deals with building health and safety; and if a tenant living with health or safety issues gets an eviction notice, it is very important to tell a lawyer or the court about those issues.
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The California Attorney General notes that tenants are responsible for keeping their units clean and sanitary, using appliances and fixtures as intended and avoiding damage; if they cause damage, they may have to pay for the repair.
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The California Attorney General says landlords may not retaliate against tenants for exercising their rights: for example, it is against the law to try to evict a tenant who asked for repairs or to take away services or rights the tenant already had, like a storage space or parking.
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The California Attorney General says landlords are never allowed to threaten to disclose a tenant's or occupant's immigration status to pressure them to move out, or to harass or retaliate against a tenant by disclosing their immigration status to law enforcement.
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The California Department of Real Estate's tenant guide explains that in that state the repair-and-deduct remedy covers serious defects related to health and safety; that the repair cannot cost more than one month's rent; that it cannot be used more than twice in 12 months; that each remedy has its own risks and requirements; that it is a good idea to document defects with photos or video; and that if the defects were not serious enough, the landlord can sue to recover the money deducted or serve a 3-day notice to pay rent or quit.
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The New York Attorney General's guide explains that under the warranty of habitability tenants have the right to a livable, safe and sanitary apartment, a right implied in every written or oral residential lease; that a lease clause waiving it is void; that examples of a breach are failing to provide heat or hot water on a regular basis or failing to get rid of an insect infestation; and that a condition caused by the tenant or people under the tenant's control is not a breach by the landlord.
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According to the New York Attorney General, if a landlord breaches the warranty of habitability, the tenant may sue for a rent reduction; the tenant may also withhold rent, but the landlord may then sue for nonpayment and the tenant may countersue; to get a reduction, the landlord must have known about the defect; and in extenuating circumstances tenants may make necessary repairs and deduct the reasonable cost, keeping receipts and copies of their communications with the landlord.
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The New York Attorney General explains that it is illegal to retaliate against tenants who make a good faith complaint to the landlord or a government agency about violations of health and safety laws, habitability problems or lack of repairs; and that if the landlord brings an eviction case within one year of that complaint, the law requires the landlord to show it is not retaliation.
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Under the Texas Property Code, a landlord must make a diligent effort to repair a condition if the tenant describes it in a notice to the person or place where rent is normally paid, the tenant is not behind on rent when giving notice and the condition materially affects the physical health or safety of an ordinary tenant; the notice must be in writing only if the lease is in writing and requires it.
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Under the Texas Property Code, for the landlord to be liable, the tenant must give a second written notice after a reasonable time, or send the first one by certified mail with return receipt, registered mail or another trackable mail; the law presumes seven days is a reasonable time to repair; and if the landlord is liable, the tenant may terminate the lease, have the condition repaired and deduct the cost from rent, or seek remedies in court.
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In Texas, the tenant's deduction for a repair may not exceed one month's rent under the lease or $500, whichever is greater; and if the tenant withholds rent or deducts repairs in violation of the law, the landlord may recover actual damages.
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Under the Texas Property Code, within six months after a tenant gives a notice to repair or complains to the government entity that enforces building or housing codes, the landlord may not retaliate by filing an eviction, raising the rent or terminating the lease, among other actions; but an eviction because the tenant is behind on rent is not retaliation.
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Under Florida law, the landlord must comply with applicable building, housing and health codes; and, unless otherwise agreed in writing, in units other than a single-family home or duplex must make reasonable provisions for the extermination of rats, mice, roaches, ants, wood-destroying organisms and bedbugs, for locks and keys, and for working heat in winter, running water and hot water.
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In Florida, a tenant may terminate the lease if the landlord does not comply within 7 days after a written notice describing the problem and the intent to terminate; may raise the noncompliance as a defense in a nonpayment eviction if 7 days have passed since a written notice saying rent will be withheld for that reason; but a tenant who raises any defense other than payment in an eviction must pay the rent claimed, and the rent that comes due during the case, into the court registry.
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Under Florida law, it is unlawful for a landlord to raise rent, cut services or bring or threaten an action for possession primarily in retaliation, for example because the tenant complained to the agency that enforces building, housing or health codes; the tenant must have acted in good faith, and the protection does not apply if the landlord proves good cause, such as nonpayment of rent.
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Under Arizona law, the landlord must make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, and supply running water and reasonable amounts of hot water at all times, plus reasonable heat and air-conditioning or cooling where installed and offered.
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In Arizona, if the landlord does not comply and the reasonable cost is less than $300 or half a month's rent, whichever is greater, the tenant may notify the landlord in writing; if the landlord does not comply within ten days, the tenant may have the work done by a licensed contractor and, after giving the landlord an itemized statement and a lien waiver, deduct the cost from rent; this does not apply if the tenant or the tenant's family caused the problem.
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In Arizona, a landlord may not retaliate by raising rent, cutting services or bringing or threatening an action for possession after the tenant complained to the landlord or to the code agency; a complaint within the prior six months creates a presumption of retaliation; but the landlord may seek possession if the tenant is in default in rent.
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Under North Carolina law, the landlord must make all repairs and do whatever is necessary to keep the premises fit and habitable, and maintain and promptly repair electrical, plumbing, heating and other facilities the landlord supplies, provided the tenant gives written notice of needed repairs, except in emergencies.
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In North Carolina, a tenant facing eviction may raise the defense of retaliatory eviction and present evidence that the landlord is acting in response to a good faith complaint about defects the landlord must repair, made within 12 months before the lawsuit; but the landlord may prevail if the tenant did not pay rent and that is the reason for the eviction.
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HUD says to always inform your landlord or manager about any issues with your unit; voucher holders and public housing residents should contact their local public housing agency; residents of HUD-assisted apartment complexes can call HUD's Multifamily Housing Complaint Line at (800) 685-8470; and all HUD-assisted properties are inspected to make sure they are decent, safe and sanitary.
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Under the federal Housing Choice Voucher rule, when a family reports a potential life-threatening deficiency, the PHA must inspect and notify the owner within 24 hours, and the owner must repair it within 24 hours of that notice; if it is not life-threatening, the PHA must inspect within 15 days and the owner must repair within 30 days or any PHA-approved extension; and the PHA may not charge the family for the inspection.
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Under the federal lead disclosure rule, before a tenant is obligated under a lease for housing built before 1978, the landlord must provide an EPA-approved lead hazard pamphlet and disclose any known lead-based paint or lead-based paint hazards; the rule does not require the landlord to test for or remove lead.
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The federal rule defines the housing covered by lead disclosure as any housing built before 1978, except housing for the elderly or persons with disabilities and 0-bedroom units, unless a child under 6 lives or is expected to live there.
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HUD's Fair Housing Act rule prohibits failing or delaying maintenance or repairs of a rental home because of race, color, religion, sex, disability, familial status or national origin.
Sources
Each source on one line: who publishes it, its title, its address and the date we read it.
- 1. CFPB · Your tenant and debt collection rights · consumerfinance.gov · Accessed October 17, 2026
- 2. California Attorney General · Landlord-Tenant Issues · oag.ca.gov · Accessed October 17, 2026
- 3. California Department of Real Estate · California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities · dre.ca.gov · Accessed October 17, 2026
- 4. New York Attorney General · Residential Tenants' Rights Guide · ag.ny.gov · Accessed October 17, 2026
- 5. Texas Legislature · Texas Property Code, Chapter 92, Residential Tenancies · tcss.legis.texas.gov · Accessed October 17, 2026
- 6. Florida Legislature · Florida Statutes, Chapter 83, Part II, Residential Tenancies · leg.state.fl.us · Accessed October 17, 2026
- 7. Arizona Legislature · Ariz. Rev. Stat. §33-1324, Landlord to maintain fit premises · azleg.gov · Accessed October 17, 2026
- 8. Arizona Legislature · Ariz. Rev. Stat. §33-1363, Self-help for minor defects · azleg.gov · Accessed October 17, 2026
- 9. Arizona Legislature · Ariz. Rev. Stat. §33-1381, Retaliatory conduct prohibited · azleg.gov · Accessed October 17, 2026
- 10. North Carolina General Assembly · N.C. Gen. Stat. §42-42, Landlord to provide fit premises · ncleg.gov · Accessed October 17, 2026
- 11. North Carolina General Assembly · N.C. Gen. Stat. §42-37.1, Defense of retaliatory eviction · ncleg.gov · Accessed October 17, 2026
- 12. HUD · Helping Americans · hud.gov · Accessed October 17, 2026
- 13. HUD (Code of Federal Regulations, text on Cornell LII) · 24 CFR §982.405, PHA unit inspection · law.cornell.edu · Accessed October 17, 2026
- 14. EPA and HUD (Code of Federal Regulations, text on Cornell LII) · 40 CFR §745.107, Disclosure requirements for sellers and lessors · law.cornell.edu · Accessed October 17, 2026
- 15. EPA and HUD (Code of Federal Regulations, text on Cornell LII) · 40 CFR §745.103, Definitions (target housing) · law.cornell.edu · Accessed October 17, 2026
- 16. HUD (Code of Federal Regulations, text on Cornell LII) · 24 CFR §100.65, Discrimination in terms, conditions and privileges and in services and facilities · law.cornell.edu · Accessed October 17, 2026