Every state we read expects a landlord to keep a rental fit to live in, but most don’t set one repair deadline. The usual rule is a “reasonable time” after the landlord is told, and that time gets shorter as the danger gets worse. A few states put numbers on it, and those numbers measure different things: a deadline to start work, a presumption about what’s reasonable, or a point at which a tenant may end the lease. Who caused the problem, what the landlord knew, and which state you’re in decide the rest.
This page is general information, not legal or tax advice. Landlord and tenant law varies by state and city, and changes. Ask the court, your state agency, a lawyer or legal aid about your case.
This section follows the order a repair problem usually runs: what the duty covers, when the clock starts, how long the landlord has, who pays when the tenant caused it, what happens if the repair stalls, and when someone gets hurt. The state rules below were read on 5 and 6 November 2026 in the statute or agency page linked beside them, and each guide in this section has the full conditions.
What the repair duty covers
Three ideas get mixed up, and the same leak can raise all three:
- Habitability. Is the home fit to live in, as state law or the lease requires? New York writes it as a warranty of habitability (RPL 235-b). California lists what makes a dwelling untenantable (Civ. Code 1941.1), and Arizona requires the landlord to keep the premises fit and habitable (A.R.S. 33-1324). Florida ties the duty to housing and health codes (Fla. Stat. 83.51). No injury is needed.
- A statutory remedy. Did the landlord miss a step a statute sets out? Then the remedy is whatever that statute provides, such as repair and deduct or ending the lease.
- Negligence. Did the landlord fail to use reasonable care, and did that cause an injury or damaged belongings? That is a court claim for harm.
Shared areas usually stay with the landlord. Washington (RCW 59.18.060) and Arizona cover them by statute, and Florida requires reasonable provisions for the clean and safe condition of common areas, unless agreed otherwise in writing and apart from single-family homes and duplexes.
When the clock starts: notice
In nearly every rule we read, time runs from notice, so the date the landlord learned of the problem often decides the argument later. What counts as notice differs. California accepts written or oral notice to the landlord or agent (Civ. Code 1942). Texas wants notice to the person or place where rent is normally paid, from a tenant who isn’t behind on rent, and in writing only if a written lease requires it (Prop. Code 92.052). Washington wants written notice naming the premises and the defect (RCW 59.18.070).
For both sides, the useful habit is the same: a dated, written record of the problem, where it is, when it was first seen, and photos, with a copy kept.
How long a landlord has
There is no national repair deadline for an ordinary rental. A state missing from the list below is one we haven’t confirmed, not one with no rule.
- Washington: start as soon as possible, and no later than 24 hours if the condition is imminently hazardous to life, or 10 days in most other cases (RCW 59.18.070). That is a deadline to start, not to finish.
- Texas: 7 days is presumed a reasonable time to repair, a presumption either side can rebut (Prop. Code 92.056(d)).
- California: a tenant who repairs and deducts after the 30th day is presumed to have waited long enough (Civ. Code 1942(b)). That is a presumption for one remedy, not 30 days of safety for the landlord.
- Florida: a tenant may end the lease if a material failure lasts 7 days after a written notice stating that intent (Fla. Stat. 83.56(1)). That is a termination trigger.
- Maryland: in its rent escrow rule, more than 30 days from notice is presumed unreasonable for serious defects (Real Prop. 8-211).
Mold is the repair question readers ask about most, and Colorado has the most detailed rule we found, with action due in 24 or 72 hours depending on the danger. Our guide to how long a landlord has to fix mold sets out the full state table, the numbers that get repeated wrongly, what counts as fixed, and when a tenant may need to move out for the work.
When the tenant caused it
The repair duty usually stops where the tenant’s own conduct begins. Texas sets no duty during the lease for a condition caused by the tenant, their household or guests, unless it comes from normal wear and tear (Prop. Code 92.052(b)). California sets no repair duty if a listed tenant violation contributes substantially to the problem (Civ. Code 1941.2). New York says a condition caused by the tenant’s misconduct, or that of people under the tenant’s control, isn’t a breach of the warranty. Fault is rarely simple: a broken bathroom fan may be the landlord’s repair even when the steam is the tenant’s.
If the repair doesn’t happen
Tenant remedies are state-specific and come with conditions, and using the wrong one can put the tenant in breach. Pennsylvania’s Attorney General warns that “improperly invoking a remedy could lead to eviction if a court finds that you breached the lease” (Tenant-Landlord Guide). As read:
- Repair and deduct. California allows up to one month’s rent, twice in 12 months (Civ. Code 1942). Texas limits it to listed situations, capped at the greater of one month’s rent or $500 (Prop. Code 92.0561).
- Rent paid into court. Maryland has rent escrow (Real Prop. 8-211).
- Ending the lease. Florida and Arizona have routes tied to written notice; see what breaking a lease can cost if the conditions aren’t met.
- A court case. In Texas, remedies can include a repair order, reduced rent, a civil penalty of one month’s rent plus $500, and actual damages (Prop. Code 92.0563).
Retaliation rules can apply once a tenant complains: California has a 180-day window (Civ. Code 1942.5) and Texas six months (Prop. Code 92.331). A rent dispute can turn into an eviction quickly, so read paying rent after an eviction notice before any rent is held back.
When someone gets hurt
A landlord owes reasonable care, not a guarantee of safety. Whether a landlord is liable for an injury turns on who controlled the spot where it happened, what the landlord knew or should have known, and the state. Areas the landlord keeps, such as hallways, stairs and roofs, are the clearest case. Inside the unit, states part ways: a Washington appeals court lets tenants recover for injuries caused by a breach of the landlord’s statutory duties, while Virginia’s highest court held that breaking the repair statute doesn’t by itself give a tenant an injury claim for a fall inside the unit.
Lease clauses saying the landlord “isn’t liable for any injury” often don’t hold up in a home lease: Arizona, Florida, Virginia and Washington, among the states we read, bar or void them. Our guide to landlord negligence and what the duty covers has the six-state comparison, the crime cases, the deadlines to sue and the records that matter.
Rules that add to the state’s
- Voucher units. HUD’s rule requires life-threatening deficiencies to be fixed in 24 hours and others in 30 calendar days or an approved extension (24 CFR 982.404, 2025 edition). Our guide for Section 8 landlords covers inspections.
- Cities. A city code can set its own clock. In New York City, an HPD mold violation runs 21, 30 or 90 days from service, depending on its class.
- Unit counts. Some repair rules change with the size of the building or how many rentals you own. Texas lets a landlord who owns only one rental dwelling at the start of the lease shift repairs to the tenant by agreement, among other conditions (Prop. Code 92.006(e)). See our list of rules that depend on how many units you own.
The next step
If you’re the landlord, keep a dated record of every repair request, what you did, when work began and what the contractor found, and read your state’s repair statute before you blame the tenant or charge for the work. Your city’s code office can tell you what it would cite.
If you’re the tenant, give dated written notice with photos and keep a copy. Before you hold back rent, deduct anything or leave, ask the local housing or code office, the court, or legal aid. If someone has been hurt, or an eviction notice has arrived, that can’t wait: talk to a lawyer or legal aid now.
Sources checked on 6 November 2026.
