Landlords often must fix windows in rental property. Problem windows may violate standards for security, weatherproofing, and basic habitability.
Statewide Window Laws
The following states have statutory statewide window requirements:
| State | Standard(s) |
| California | A landlord is responsible for fixing broken windows, and maintaining window locks on ground-level and second-floor windows. |
| Colorado | Premises are not habitable without working security devices on all exterior windows. |
| District of Columbia | Detailed requirements for doors and windows, which must be weatherproof, well-fitting, openable, and latchable, among other things. |
| Florida | If there’s no locally applicable code, landlords must provide windows and screens in reasonable repair, and fix broken windows. Damaged screens only require replacement once per year. |
| Massachusetts | Windows must be weatherproof, and resistant to accidents, rodents, and insects. |
| Minnesota | Landlords must weatherproof windows whenever this would result in energy savings that exceed the amortized cost. |
| New Jersey | Landlords must provide window screens for openable windows below the sixth floor, between May 1 and October 1 of each year. They also must, in certain cases, provide notice about the availability of window guards for young children. |
| North Carolina | Broken windows, or ground-level windows that can’t be locked, are an imminently dangerous condition under state law. |
| Oregon | Landlords must ensure all windows that allow access to the dwelling unit latch securely. They must also provide generally weatherproofed windows. |
| Tennessee | Non-exempt ventilating exterior windows must be seasonally screened against flying insects. Where rat infestation is a threat, they also must be screened against rats. |
| Vermont | All operable windows must have screens. Property owners must ensure windows are “weathertight, watertight, rodent proof and in good repair.” |
States Without Statewide Window Laws
Landlords in states without statewide window laws still have to maintain windows, in most cases.
Ground-level windows are the most likely to enjoy legal protection. Unsecured ground-level windows make it easy for trespassers and pests to enter. Tenants can almost always demand repairs to a ground-level window.
Windows above ground level get less legal protection. Tenants may only have a right to repairs if there’s an issue with weatherproofing or ventilation. For example, a window glued or painted shut may be a violation.
Consequences for Failure To Fix Windows
It is a standard type of housing violation for a landlord to fail to fix windows as required. State laws vary widely, but if a landlord doesn’t correct issues with a window after proper notice from the tenant, the following remedies often are available:
- Injunction to force compliance.
- Suing the landlord for costs of the violation (monetary damages).
- Reporting the landlord to housing authorities.
- Tenant contracting for repairs and deducting from rent (not an option in some states).
- Ending the lease and moving out (not an option in some states).
Sources
- 1 Cal. Health & Safety Code § 19720.3(g)(2) (2021)
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“Faulty weather protection… shall include, but not be limited to… Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.”
Source Link - 2 Cal. Civ. Code § 1941.3(a)(2) (2021)
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“…the landlord … shall …install and maintain operable window security or locking devices for [ground and second-floor] windows that are designed to be opened.”
Source Link - 3 Colo. Rev. Stat. § 38-12-505(1)(b)(xi) (2022)
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“A residential premises is deemed uninhabitable if: … It substantially lacks… Locks on all exterior doors and locks or security devices on windows designed to be opened that are maintained in good working order.”
Source Link - 4 D.C. Mun. Regs. tit. 14 § 705 (2023)
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To review the District’s comprehensive requirements for windows, see D.C. Mun. Regs. tit. 14 § 705 (2023).
Source Link - 5 Fla. Stat. § 83.51(1) (2022)
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“The landlord at all times during the tenancy shall: (a) Comply with the requirements of applicable building, housing, and health codes; or (b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement. … The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.”
Source Link - 6 105 Code Mass. Reg. § 410.500 (2022)
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“Every owner shall maintain the foundation, floors, walls, doors, windows, ceilings, roof, staircases, porches, chimneys, and other structural elements of his dwelling so that the dwelling excludes wind, rain and snow, and is rodent-proof, watertight and free from chronic dampness, weathertight, in good repair and in every way fit for the use intended. Further, he shall maintain every structural element free from holes, cracks, loose plaster, or other defect where such holes, cracks, loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage.”
See also 105 Code Mass. Reg. § 410.501 (2022) for detailed weatherproofing requirements.
Source Link - 7 Minn. Stat. § 504B.161(1)(a)(3) & (1)(a)(4) (2022)
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“In every lease or license of residential premises, the landlord or licensor covenants… to make the premises reasonably energy efficient by installing weatherstripping, caulking, storm windows, and storm doors when any such measure will result in energy procurement cost savings, based on current and projected average residential energy costs in Minnesota, that will exceed the cost of implementing that measure, including interest, amortized over the ten-year period following the incurring of the cost; and to maintain the premises in compliance with the applicable health and safety laws of the state, and of the local units of government where the premises are located during the term of the lease or license, except when violation of the health and safety laws has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee.”
Source Link - 8 N.J. Dep’t. of Com’ty Affairs, Habitability Bulletin 4 (Sep. 2022 ed.)
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While not primary legal authority, the state’s Habitability Bulletin clarifies the applicable enforcement standard: “Screens suited to protect the interior of the building against insects must be provided and kept in good repair for each exterior door, except exterior doors which do not provide ventilation. Screens shall also be provided, maintained and installed for each openable window in living and common areas. Screens are not required for units or common areas on the 6th floor or above. Screens shall be provided from at least May 1 to October 1 of each year, where required. … Leases must contain a notice advising tenants that, upon written request by the tenant, the owner is required to provide, install and maintain window guards in dwelling units with children 10 years of age or younger. In addition, yearly written notices must be given to tenants informing them of the window guard regulation. Landlords are not required to offer window guards for first floor units.”
Source Link - 9 N.C. Gen. Stat. § 42-42(a)(8)(f) & (a)(8)(g) (2022)
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“For purposes of this subdivision, the term ‘imminently dangerous condition’ means… lack of operable locks on all doors leading to the outside… [or] broken windows or lack of operable locks on all windows on the ground level.”
Source Link - 10 Or. Rev. Stat. § 90.320(1)(a) (2023)
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“A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For purposes of this section, a dwelling unit shall be considered unhabitable [sic] if it substantially lacks effective waterproofing and weather protection of roof and exterior walls, including windows and doors.”
Source Link - 11 Or. Rev. Stat. § 90.320(1)(L) (2023)
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“For purposes of this section, a dwelling unit shall be considered unhabitable [sic] if it substantially lacks… unless contrary to applicable law, latches for all windows, by which access may be had to that portion of the premises that the tenant is entitled under the rental agreement to occupy to the exclusion of others and keys for those locks that require keys.”
Source Link - 12 Tenn. Admin. Code § 1200-1-2.05(2) (2002)
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“During that portion of the year when there is a need for protection against mosquitoes, flies and other flying insects, every door opening directly from a dwelling unit to outside space shall have supplied properly fitting screens having at least sixteen (16) mesh and self-closing devices; and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens, except that such screens shall not be required (a) in rooms in the upper stories of a building free from such insects (b) in rooms located in areas which are deemed by the health department to have so few insects as to render screens unnecessary.”
Source Link - 13 Tenn. Admin. Code § 1200-1-2.05(3) (2022)
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“Every window located at or near ground level used or intended to be used for ventilation, and every other opening located at or near ground level which might provide an entry for rodents, shall be supplied with adequate screen or such other devices as will effectively prevent their entrance in areas with heavy rat infestations as determined by the health department.”
Source Link - 14 Vt. Health Regs. § 6-8.1.2 (2023)
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“Screens shall be provided for all operable windows and for doors that are providing ventilation when a window is not available. All screens shall be maintained in good repair and be free from tears, holes, or other imperfections of either screen or frame that would admit insects such as flies or mosquitoes.”
Source Link - 15 Vt. Health Regs. § 6-10.1 (2023)
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“Every owner of a dwelling or rooming house shall provide and maintain the foundation, floors, walls, doors, windows, ceilings, roof, staircases, chimneys and other structural elements of his or her dwelling, dwelling unit, rooming house or rooming unit so that it is weathertight, watertight, rodent proof and in good repair.”
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