Furnace filter responsibility by state
In every state the landlord is responsible for keeping the heating system working. Whether the lease can hand the routine filter changes to the tenant depends on the state: most allow it in writing, a dozen or so don't say, and a few treat any shift of maintenance as a void waiver. The table below gives the answer for each state with a link to the statute, and the sections after it give the detail.
This page is general information for landlords, not legal advice. Statutes change and cities add their own housing codes, so confirm with a local attorney before relying on a lease clause.
Quick answer by state
What the answers mean
- Yes, with conditions: the statute lets a tenant take on specified maintenance, usually only in writing, in good faith, and often with separate consideration. Supplying the filters free covers the consideration in most of these states.
- Not addressed by statute: the law sets the landlord's duty but says nothing about delegating routine tasks. A filter clause is probably fine, but it will not shift liability for the furnace itself.
- No, duty can't be waived: the statute voids any lease term that modifies the landlord's repair obligations. In these states, treat the filter clause as a reminder to the tenant, not a transfer of responsibility, and plan to handle filters yourself.
Whatever the state says, the landlord still pays when a neglected filter wrecks a blower motor. The lease assigns the task; it does not make it happen. Here is what actually gets filters changed.
State by state
Alabama
Landlord's duty: Landlord must maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances supplied or required to be supplied (§ 35-9A-204(a)(4)).
Can the lease shift filter changes to the tenant? Yes, with conditions. Single-family residence: landlord and tenant may agree in writing that tenant perform specified repairs and maintenance tasks; other dwelling units: separate signed writing, adequate consideration, work not needed to cure code noncompliance, and no effect on obligations to other tenants.
Worth knowing: Single-family clause lacks URLTA's express good-faith language; multifamily needs separate writing plus consideration.
Statute: Ala. Code § 35-9A-204(c)-(d)
Alaska
Landlord's duty: Landlord must maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen and other facilities and appliances, and supply reasonable heat and hot water at all times (AS 34.03.100(a)(3), (a)(5)).
Can the lease shift filter changes to the tenant? Yes, with conditions. One- or two-family residence: written agreement, entered in good faith and not to evade landlord obligations, may shift specified repairs and maintenance tasks; the general duty to maintain HVAC facilities may be shifted only where rent exceeds $2,000/month; other units require a separate signed writing with adequate consideration.
Worth knowing: Applies to one- or two-family residences; $2,000/month rent threshold for shifting full HVAC maintenance duty.
Statute: Alaska Stat. § 34.03.100(c)-(d)
Arizona
Landlord's duty: Landlord must maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities, and supply reasonable heat and reasonable air-conditioning or cooling where installed and offered, when seasonally required (A.R.S. § 33-1324(A)(4), (A)(6)).
Can the lease shift filter changes to the tenant? Yes, with conditions. Single-family residence: written agreement supported by adequate consideration, entered in good faith and not to evade landlord obligations, and the work is not necessary to cure building-code or habitability noncompliance; other units additionally require a separate signed writing and no diminution of duties to other tenants.
Worth knowing: Statute expressly covers air-conditioning/cooling; cities (Phoenix, Tucson) impose cooling-temperature codes. Separate consideration advisable even for single-family.
Statute: Ariz. Rev. Stat. § 33-1324(C)-(D)
Arkansas
Landlord's duty: Landlord must provide a functioning heating and air conditioning system to the extent the system served the premises when the lease was entered (Ark. Code § 18-17-502(a)(6)), for leases after Nov. 1, 2021.
Can the lease shift filter changes to the tenant? Not addressed by statute. Subsection (a) supersedes any contrary lease provision unless the tenant agrees in writing to accept responsibility to renovate, remodel, or complete construction; the statute does not address delegating routine maintenance such as filter changes.
Worth knowing: Minimal standards only; tenant may not withhold rent for violations; no implied warranty beyond statute. Routine filter clause likely permissible but unaddressed.
Statute: Ark. Code Ann. § 18-17-502
California
Landlord's duty: A dwelling is untenantable if it substantially lacks heating facilities that conformed with applicable law when installed and are maintained in good working order; landlord must repair conditions making premises untenantable (Cal. Civ. Code §§ 1941, 1941.1(a)).
Can the lease shift filter changes to the tenant? Yes, with conditions. Waivers of §§ 1941/1942 rights are void as to untenantable conditions, except lessor and lessee may agree that the lessee undertakes to improve, repair or maintain all or stipulated portions of the dwelling as part of the consideration for rental (§ 1942.1).
Worth knowing: No statutory air-conditioning duty, only heating; tenant maintenance agreement must be part of rent consideration and cannot waive habitability.
Statute: Cal. Civ. Code §§ 1941.1, 1942.1
Colorado
Landlord's duty: Landlord warrants premises are fit for habitation throughout the tenancy; premises are uninhabitable if they substantially lack functioning heating facilities that conformed to law at installation and are maintained in good working order (C.R.S. §§ 38-12-503, 38-12-505(1)(b)(V)).
Can the lease shift filter changes to the tenant? No, duty can't be waived. Any agreement waiving or modifying any right, remedy, obligation or prohibition in part 5 is void as contrary to public policy, except as the part itself provides (§ 38-12-503).
Worth knowing: No waiver mechanism; tenant-caused conditions excepted. 2024 amendments heighten heating-season (roughly Oct-Apr) obligations; verify current text.
Statute: Colo. Rev. Stat. §§ 38-12-503, 38-12-505
Connecticut
Landlord's duty: Landlord must maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating and other facilities, and supply reasonable heat and hot water at all times (Conn. Gen. Stat. § 47a-7(a)(4), (a)(6)).
Can the lease shift filter changes to the tenant? Yes, with conditions. Single-family residence only: landlord and tenant may agree in writing that tenant perform specified repairs, maintenance tasks, alterations and remodeling, provided the transaction is entered in good faith and not to evade landlord obligations (§ 47a-7(c)).
Worth knowing: Single-family only; stricter municipal ordinance or building/fire code duties prevail. No statutory air-conditioning duty.
Statute: Conn. Gen. Stat. § 47a-7(c)
Delaware
Landlord's duty: Landlord must provide a unit that does not endanger health or safety, make all necessary repairs, and maintain facilities supplied by the landlord in good working order; supplying heat is a duty only if the rental agreement so specifies (25 Del. C. § 5305(a), (b)(2)).
Can the lease shift filter changes to the tenant? Yes, with conditions. Conspicuous writing separate from the rental agreement; work primarily benefits the unit; not needed to cure code noncompliance; adequate consideration apart from the lease or a rent reduction; entered in good faith; may not be a condition of the lease (§ 5305(c)).
Worth knowing: Applies to all dwelling types; agreement must be separate, conspicuous, and supported by separate consideration or rent reduction.
Statute: 25 Del. C. § 5305(c)
Florida
Landlord's duty: Landlord must comply with applicable building, housing and health codes (or, absent codes, maintain roofs, windows, floors, plumbing, etc.); for units other than single-family homes or duplexes, landlord must also provide functioning facilities for heat during winter (Fla. Stat. § 83.51(1), (2)(a)5).
Can the lease shift filter changes to the tenant? Yes, with conditions. Must be in writing; for a single-family home or duplex the subsection (1) obligations may be altered or modified in writing; for other units the subsection (2)(a) duties (including winter heat) apply unless otherwise agreed in writing, but code-compliance duties cannot be shifted for multifamily units.
Worth knowing: No express HVAC/air-conditioning duty; local housing codes may require working AC. Written clauses shifting maintenance broadly allowed for single-family/duplex.
Statute: Fla. Stat. § 83.51
Georgia
Landlord's duty: Landlord shall keep the premises in repair, and every residential lease is deemed to include a provision that the premises is fit for human habitation (O.C.G.A. § 44-7-13(a)-(b), as amended July 1, 2024).
Can the lease shift filter changes to the tenant? No, duty can't be waived. A residential lease may not require the tenant to waive rights under § 44-7-13 (landlord's duty to repair) or § 44-7-14 (§ 44-7-2(b)(1)-(2)).
Worth knowing: No HVAC-specific statute; repair duty is non-waivable, so shifting repairs is void, though minor upkeep clauses (filters) are untested; local housing codes may require heat.
Statute: O.C.G.A. §§ 44-7-13, 44-7-2(b)
Hawaii
Landlord's duty: Landlord must make all repairs necessary to keep the premises habitable and maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order (HRS § 521-42(a)(3)-(4)); heating/AC is not named specifically.
Can the lease shift filter changes to the tenant? Yes, with conditions. Agreement must be entered in good faith and not to evade landlord obligations, the work must not be needed to cure code noncompliance, and it must not diminish obligations to other tenants; no express writing or single-family requirement (HRS § 521-42(b)).
Worth knowing: Applies to all dwelling types; a written clause is strongly advisable.
Statute: Haw. Rev. Stat. § 521-42
Idaho
Landlord's duty: Tenant may sue for damages/specific performance if landlord fails to maintain in good working order electrical, plumbing, heating, ventilating, cooling, or sanitary facilities supplied by the landlord (Idaho Code § 6-320(a)(2)).
Can the lease shift filter changes to the tenant? Not addressed by statute. Not specified in statute; § 6-320 contains no provision authorizing or prohibiting a lease clause shifting maintenance tasks to the tenant.
Worth knowing: Duty covers only landlord-supplied systems; tenant must give 3 days' written notice before suing; statute itself assigns smoke-detector upkeep to tenant.
Statute: Idaho Code § 6-320
Illinois
Landlord's duty: No general statutory repair duty; implied warranty of habitability from case law (Jack Spring, Inc. v. Little, 1972); the Residential Tenants' Right to Repair Act (765 ILCS 742) gives a limited repair-and-deduct remedy.
Can the lease shift filter changes to the tenant? Not addressed by statute. Not specified in statute; secondary sources state the implied warranty of habitability is non-waivable, but routine tasks like filter changes are not addressed by statute.
Worth knowing: Chicago RLTO sets heat minimums (68°F day/66°F night, Sept 15–June 1) and bars waiver; 765 ILCS 742 exempts owner-occupied buildings of 6 or fewer units.
Statute: 765 ILCS 742; Jack Spring, Inc. v. Little, 50 Ill. 2d 351 (1972)
Indiana
Landlord's duty: Landlord must provide and maintain in good and safe working condition the electrical, plumbing, sanitary, and heating, ventilating, and air conditioning systems if provided on the premises when the rental agreement is entered (Ind. Code § 32-31-8-5(4)).
Can the lease shift filter changes to the tenant? Not addressed by statute. Not specified in statute; § 32-31-8-4 makes any waiver of the chapter void, so a lease may delegate routine tasks but likely cannot relieve the landlord of the underlying HVAC maintenance duty.
Worth knowing: Duty applies only to systems present at lease signing; tenant enforcement requires notice under § 32-31-8-6.
Statute: Ind. Code §§ 32-31-8-4, 32-31-8-5
Iowa
Landlord's duty: Landlord must maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances supplied, and supply reasonable heat (Iowa Code § 562A.15(1)(a)(4), (6)).
Can the lease shift filter changes to the tenant? Yes, with conditions. Single-family residence: tenant may take on specified repairs or maintenance tasks by written agreement entered in good faith; other dwelling units: only by a separate written agreement supported by adequate consideration, in good faith, not to cure code noncompliance, and not diminishing obligations to other tenants (§ 562A.15(2)-(3)).
Worth knowing: URLTA state; written filter-change clause workable for single-family leases; multi-unit requires a separate signed agreement with consideration.
Statute: Iowa Code § 562A.15
Kansas
Landlord's duty: Landlord must comply with health/safety building codes, keep landlord-supplied electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities in good working order, and supply reasonable heat (K.S.A. 58-2553(a)).
Can the lease shift filter changes to the tenant? Yes, with conditions. Dwellings housing not more than four households: written agreement entered in good faith (58-2553(b)); other units: separate written agreement signed by the parties, supported by adequate consideration, in good faith, not to cure code noncompliance (58-2553(c)); landlord may not make that separate agreement a condition of the lease (58-2553(d)).
Worth knowing: URLTA state; the easier in-lease route covers properties of up to four households, not just single-family homes.
Statute: K.S.A. 58-2553
Kentucky
Landlord's duty: Where URLTA has been adopted locally, landlord must keep electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities supplied in good and safe working order and supply reasonable heat between October 1 and May 1 (KRS 383.595(1)).
Can the lease shift filter changes to the tenant? Yes, with conditions. Landlord and tenant of a single-family residence may agree in writing that the tenant perform specified repairs and maintenance tasks, but only if entered in good faith and not to evade landlord obligations (KRS 383.595(2)).
Worth knowing: URLTA applies only in cities/counties that adopt it (e.g. Louisville, Lexington); elsewhere common law governs.
Statute: KRS 383.595
Louisiana
Landlord's duty: During the lease the lessor must make all repairs necessary to maintain the thing in a condition suitable for its leased purpose, except those for which the lessee is responsible (La. Civ. Code art. 2691), and warrants against vices or defects (arts. 2696-2699).
Can the lease shift filter changes to the tenant? Yes, with conditions. Art. 2691 defers to repairs 'for which the lessee is responsible,' so a lease may allocate specified upkeep to the lessee; under art. 2699 any waiver must be clear, unambiguous and brought to the lessee's attention, and in a residential lease cannot waive the warranty for defects seriously affecting health or safety.
Worth knowing: Civil-law state, not URLTA; lessee by default repairs only damage from his own fault (art. 2692).
Statute: La. Civ. Code arts. 2691, 2692, 2699
Maine
Landlord's duty: Landlord is deemed to warrant the dwelling is fit for human habitation, and where obligated to supply heat must maintain at least 68°F measured 3 feet from exterior walls (14 M.R.S. § 6021(1), (6)).
Can the lease shift filter changes to the tenant? Not addressed by statute. Statute does not address delegating routine maintenance; it only allows a written agreement in which the tenant accepts specified conditions in return for a stated rent reduction or other fair consideration (§ 6021(5)), and voids other waivers.
Worth knowing: Reduced-heat agreements (min 62°F) require a separate conspicuous document with rent reduction and are barred for occupants over 65 or under 5.
Statute: 14 M.R.S. § 6021
Maryland
Landlord's duty: No general statutory maintenance duty; landlord must repair within a reasonable time (presumptively 30 days) after notice any condition that is a serious threat to life, health or safety, expressly including lack of heat, or tenant may use rent escrow (Md. Code, Real Prop. § 8-211).
Can the lease shift filter changes to the tenant? Not addressed by statute. Not specified in statute; § 8-208(c)(2) requires the lease to state the landlord's and tenant's specific obligations as to heat and repair, while § 8-208(d)(2) voids any clause waiving rights provided by law, so routine tasks may be allocated but § 8-211 serious-defect duties cannot be waived.
Worth knowing: Not URLTA; Baltimore City, Montgomery and Prince George's Counties impose stricter housing-code and heat requirements.
Statute: Md. Code, Real Prop. §§ 8-208, 8-211
Massachusetts
Landlord's duty: No general statutory repair duty in the General Laws; the State Sanitary Code (105 CMR 410) requires the owner to provide and maintain a heating system in good operating condition capable of 68°F (7am–11pm) and 64°F (overnight) from Sept 15 through May 31; M.G.L. c. 186 § 14 penalizes willful failure to furnish heat.
Can the lease shift filter changes to the tenant? No, duty can't be waived. Sanitary Code allows written-lease shifting only for specific items (cooktop/oven, refrigerator, common-hall light in 2–3 unit buildings); c. 186 § 14 waivers are void.
Worth knowing: Heating system maintenance is owner's responsibility under Sanitary Code; warranty of habitability non-waivable. Filter-change clause unlikely to shift legal duty.
Statute: 105 CMR 410.160, 410.180, 410.235, 410.240; M.G.L. c. 186 § 14
Michigan
Landlord's duty: MCL 554.139(1)(b) implies a covenant in every residential lease to keep the premises in reasonable repair and to comply with health and safety laws (no specific HVAC/temperature standard in statute).
Can the lease shift filter changes to the tenant? Yes, with conditions. Parties may modify the § 554.139 obligations in the lease only where the lease has a current term of at least one year (MCL 554.139(2)); the Truth in Renting Act (MCL 554.633) voids clauses that waive a tenant's remedy for breach.
Worth knowing: Modification allowed only in leases of 1 year or more; month-to-month leases cannot shift repair covenant. Local codes may set heat standards.
Statute: MCL 554.139; MCL 554.633
Minnesota
Landlord's duty: Minn. Stat. § 504B.161 subd. 1a makes the landlord covenant to keep the premises fit, in reasonable repair, and code-compliant, and to supply heat of at least 68°F in all habitable rooms from October 1 through April 30.
Can the lease shift filter changes to the tenant? Yes, with conditions. Under subd. 2 the tenant may agree to perform specified repairs or maintenance only if the agreement is supported by adequate consideration and set forth in a conspicuous writing; subd. 1b bars any waiver of the covenants themselves and common-area maintenance cannot be shifted.
Worth knowing: 68°F heat required Oct 1–Apr 30; tenant maintenance clause needs separate consideration and conspicuous text; landlord remains ultimately liable for habitability.
Statute: Minn. Stat. § 504B.161
Mississippi
Landlord's duty: Miss. Code § 89-8-23(1)(b) requires the landlord to maintain the dwelling unit, its plumbing, and heating and/or cooling system in substantially the same condition as at the inception of the lease, reasonable wear and tear excluded.
Can the lease shift filter changes to the tenant? Yes, with conditions. Under § 89-8-23(3), the landlord and tenant may agree in writing that the tenant perform some or all of the landlord's duties, but only if the transaction is entered into in good faith.
Worth knowing: Broad assignment language; HVAC expressly named; no landlord duty for defects caused by tenant's deliberate or negligent acts.
Statute: Miss. Code Ann. § 89-8-23
Missouri
Landlord's duty: No general statutory repair duty; implied warranty of habitability from case law (Detling v. Edelbrock, 1984); § 441.234's repair-and-deduct remedy for code violations cannot be waived by lease.
Can the lease shift filter changes to the tenant? Not addressed by statute. Not specified in statute; § 441.234 forbids waiving the repair-and-deduct right, and secondary sources state the implied warranty cannot be waived by lease, but no statute addresses tenant maintenance assignments.
Worth knowing: No state heating temperature standard; local housing codes govern. Repair-and-deduct capped at one month's rent, after six months' tenancy.
Statute: Mo. Rev. Stat. § 441.234
Montana
Landlord's duty: MCA 70-24-303(1)(d) requires the landlord to maintain in good and safe working order all heating, ventilating, air-conditioning and other facilities supplied, and (1)(f) to supply reasonable heat between October 1 and May 1.
Can the lease shift filter changes to the tenant? Yes, with conditions. Under (3)-(4) a landlord and tenant may agree in writing that the tenant perform specified repairs and maintenance tasks only if in good faith, in a separate writing signed by both parties, supported by adequate consideration, not needed to cure code noncompliance, and not diminishing obligations to other tenants.
Worth knowing: Not limited to single-family residences; use a separate signed writing with consideration. Reasonable heat Oct 1–May 1.
Statute: Mont. Code Ann. § 70-24-303
Nebraska
Landlord's duty: Neb. Rev. Stat. § 76-1419(1)(d) requires the landlord to maintain in good and safe working order all heating, ventilating, air conditioning and other facilities supplied, and (1)(f) to supply reasonable heat unless the tenant controls the heat source.
Can the lease shift filter changes to the tenant? Yes, with conditions. Single-family residence: a written agreement that the tenant perform specified repairs and maintenance tasks if for good consideration, in good faith and not to evade landlord obligations; other units: a separate writing signed by the parties, supported by adequate consideration, in good faith, not diminishing obligations to other tenants.
Worth knowing: Single-family: can be in lease itself with consideration; multi-unit: must be a separate signed writing.
Statute: Neb. Rev. Stat. § 76-1419
Nevada
Landlord's duty: NRS 118A.290(1) requires the landlord to maintain the unit in habitable condition, including adequate heating facilities maintained in good working order and ventilating, air-conditioning and other facilities in good repair if supplied.
Can the lease shift filter changes to the tenant? Yes, with conditions. Under 118A.290(2)-(3) the landlord and tenant may agree that the tenant perform specified repairs and maintenance tasks only if the agreement is in good faith and does not diminish obligations to other tenants; not in good faith if the tenant agrees because the landlord refused to do work it already owed.
Worth knowing: Statute does not require the agreement be in writing, but written is advisable; landlord may not charge tenant a fee for repairs it is obligated to perform.
Statute: Nev. Rev. Stat. § 118A.290
New Hampshire
Landlord's duty: RSA 48-A:14 sets minimum standards: heating facilities must be safely maintained and in good working condition, capable of heating habitable rooms to an average of 65°F; where heat is included in rent the landlord must maintain at least 65°F.
Can the lease shift filter changes to the tenant? Not addressed by statute. Not specified in statute; the only tenant-responsibility carve-out in RSA 48-A:14 is for garbage removal, and nothing addresses assigning heating/HVAC maintenance to the tenant.
Worth knowing: 65°F average standard; habitability defense unavailable where tenant caused the violation (RSA 540:13-d).
Statute: N.H. RSA 48-A:14; RSA 540:13-d
New Jersey
Landlord's duty: No general statutory repair duty; implied warranty of habitability from case law (Marini v. Ireland, 1970); N.J.A.C. 5:10-14.4 requires owners of multiple dwellings (3+ units) to maintain heating systems and supply 68°F (6am–11pm) and 65°F overnight from October 1 through May 15.
Can the lease shift filter changes to the tenant? Not addressed by statute. Not specified in statute; secondary sources state lease clauses waiving habitability are unenforceable.
Worth knowing: Heat rule applies to multiple dwellings (3+ units); 1–2 family units fall under local housing code. Habitability non-waivable.
Statute: N.J.S.A. 2A:42-85 et seq.; N.J.A.C. 5:10-14.4
New Mexico
Landlord's duty: Owner must maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances supplied or required to be supplied, and supply reasonable heat (NMSA 47-8-20(A)(4), (A)(6)).
Can the lease shift filter changes to the tenant? Yes, with conditions. Single-family residence only; agreement must be in writing, for consideration, entered into in good faith and not for the purpose of evading the owner's obligations (NMSA 47-8-20(C)).
Worth knowing: Delegation provision covers single-family homes only; multi-unit landlords cannot shift heat or HVAC duties. Separate consideration required.
Statute: NMSA 1978 § 47-8-20
New York
Landlord's duty: Every residential lease carries a non-waivable warranty of habitability that the premises are fit for human habitation and free of conditions dangerous to life, health or safety (RPL 235-b); multiple dwellings must be provided with heat (Multiple Dwelling Law 79).
Can the lease shift filter changes to the tenant? Not addressed by statute. Not specified in statute; any lease clause waiving or modifying the tenant's warranty-of-habitability rights is void as contrary to public policy (RPL 235-b(2)).
Worth knowing: No URLTA delegation clause. NYC heat season Oct 1–May 31: 68°F daytime when outdoors below 55°F, 62°F nights.
Statute: N.Y. Real Prop. Law § 235-b; N.Y. Mult. Dwell. Law § 79
North Carolina
Landlord's duty: Landlord must maintain in good and safe working order and promptly repair all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances supplied or required to be supplied, upon written notice except in emergencies (G.S. 42-42(a)(4)).
Can the lease shift filter changes to the tenant? Yes, with conditions. Only by a subsequent written contract supported by adequate consideration other than the letting of the premises and not made with the purpose or effect of evading the landlord's obligations (G.S. 42-42(b)).
Worth knowing: Not limited to single-family. A clause inside the lease itself, with rent as the only consideration, will not satisfy 42-42(b).
Statute: N.C. Gen. Stat. § 42-42
North Dakota
Landlord's duty: Landlord must keep all facilities and appliances supplied or required to be supplied in good and safe working order, make all repairs needed to keep premises fit and habitable, and supply reasonable heat (N.D.C.C. 47-16-13.1(1)).
Can the lease shift filter changes to the tenant? Yes, with conditions. Single-family residence: written agreement entered into in good faith (47-16-13.1(4)); other dwelling units: good faith, separate writing signed by the parties and supported by adequate consideration, work not needed to cure noncompliance, and no diminishment of duties to other tenants (47-16-13.1(5)).
Worth knowing: Single-family tenants may even take over heat/water supply duties. Multi-unit delegations need a separate signed writing plus consideration.
Statute: N.D. Cent. Code § 47-16-13.1
Ohio
Landlord's duty: Landlord must maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating and air conditioning fixtures and appliances supplied or required to be supplied, and supply heat except where generated by an installation in the tenant's exclusive control (R.C. 5321.04(A)(4), (A)(6)).
Can the lease shift filter changes to the tenant? Not addressed by statute. Not specified in statute; no provision of Chapter 5321 may be modified or waived by agreement (5321.13(A)), though leases may contain terms not inconsistent with the chapter (5321.06).
Worth knowing: No URLTA delegation clause. Landlord remains liable for HVAC repair regardless of lease; a filter-change clause cannot shift that statutory duty.
Statute: Ohio Rev. Code §§ 5321.04, 5321.06, 5321.13
Oklahoma
Landlord's duty: Landlord must maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances supplied or required to be supplied (41 O.S. 118(A)(3)).
Can the lease shift filter changes to the tenant? Yes, with conditions. Landlord and tenant of a dwelling unit may agree by a conspicuous writing independent of the rental agreement that the tenant perform specified repairs, maintenance tasks, alterations or remodeling (41 O.S. 118(B)).
Worth knowing: Not limited to single-family. Must be a conspicuous, separate document, not a lease clause; statute states no good-faith or consideration test.
Statute: Okla. Stat. tit. 41, § 118
Oregon
Landlord's duty: A dwelling unit is unhabitable unless it has adequate heating facilities conforming to applicable law at installation and maintained in good working order; landlord must maintain premises in habitable condition (ORS 90.320(1)(d)).
Can the lease shift filter changes to the tenant? Yes, with conditions. Written agreement for tenant to perform specified repairs, maintenance tasks and minor remodeling only if entered in good faith and not to evade landlord obligations, it does not diminish obligations to other tenants, and its terms are clearly and fairly disclosed with adequate consideration specifically stated (ORS 90.320(2)).
Worth knowing: Not limited to single-family. Consideration must be expressly stated in the writing. Air conditioning not a listed habitability item; heating is.
Statute: Or. Rev. Stat. § 90.320
Pennsylvania
Landlord's duty: No general statutory repair duty; implied warranty of habitability from case law (Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)), which requires landlords to keep premises safe and habitable, including working heat.
Can the lease shift filter changes to the tenant? Not addressed by statute. Not specified in statute; Pennsylvania courts hold the implied warranty of habitability cannot be waived in a lease (Fair v. Negley, 390 A.2d 240 (Pa. Super. 1978)).
Worth knowing: Heat standards come from local property maintenance codes (often 68°F; Philadelphia Oct–Apr). Routine filter clauses likely allowed but cannot shift habitability liability.
Statute: 68 P.S. § 250.101 et seq.; Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)
Rhode Island
Landlord's duty: Landlord must maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances supplied or required to be supplied, and supply reasonable heat from October 1 to May 1 (R.I. Gen. Laws 34-18-22(a)(4), (a)(6)).
Can the lease shift filter changes to the tenant? Yes, with conditions. Written agreement signed by the parties, entered into in good faith, supported by adequate consideration, the work not being necessary to cure code noncompliance, and not diminishing the landlord's obligations to other tenants (34-18-22(c)).
Worth knowing: Applies to all dwelling units, not just single-family. Heat season Oct 1–May 1.
Statute: R.I. Gen. Laws § 34-18-22
South Carolina
Landlord's duty: Landlord must maintain in reasonably good and safe working order and condition all electrical, gas, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances supplied or required to be supplied, and make available reasonable heat (S.C. Code 27-40-440(a)(4), (a)(5)).
Can the lease shift filter changes to the tenant? Yes, with conditions. Single-family residence: written agreement in good faith and not to evade landlord obligations, may cover specified repairs and maintenance tasks (27-40-440(c)); other units: agreement in good faith, work not needed to cure code noncompliance, and no diminishment of duties to other tenants (27-40-440(d)).
Worth knowing: Single-family tenants may assume full HVAC maintenance duty; multi-unit tenants only specified tasks. Statute does not expressly require separate consideration.
Statute: S.C. Code Ann. § 27-40-440
South Dakota
Landlord's duty: The lessor must keep the premises in reasonable repair, fit for human habitation and in good and safe working order, and must maintain in good and safe working order all electrical, plumbing, or heating systems.
Can the lease shift filter changes to the tenant? Yes, with conditions. Parties may not waive or modify the section's requirements, except that the lessor may agree with the lessee that the lessee perform specified repairs or maintenance in lieu of rent.
Worth knowing: Only an 'in lieu of rent' arrangement is allowed; a plain lease clause shifting maintenance without rent credit is a prohibited modification. Statute names heating, not A/C.
Statute: SDCL § 43-32-8
Tennessee
Landlord's duty: Landlord shall comply with building and housing codes materially affecting health and safety and make all repairs necessary to put and keep the premises in a fit and habitable condition (no express HVAC language).
Can the lease shift filter changes to the tenant? Yes, with conditions. Landlord and tenant may agree in writing that the tenant perform specified repairs, maintenance tasks, alterations and remodeling, but only if entered into in good faith and not to evade the landlord's obligations; landlord may not treat that separate agreement as a condition of the rental agreement.
Worth knowing: URLTA applies only in counties over 75,000 population per § 66-28-102; not limited to single-family. Elsewhere, common law governs.
Statute: Tenn. Code Ann. § 66-28-304
Texas
Landlord's duty: Landlord must make a diligent effort to repair or remedy a condition after tenant notice if the tenant is not delinquent and the condition materially affects the physical health or safety of an ordinary tenant (Tex. Prop. Code § 92.052).
Can the lease shift filter changes to the tenant? Yes, with conditions. Tenant may repair at tenant's expense only if landlord owns only one rental dwelling, the dwelling is free of health/safety conditions at lease start, and the agreement is in a written lease, underlined or in boldface, specific and clear, and made knowingly, voluntarily and for consideration (92.006(e)).
Worth knowing: Subchapter B duties cannot otherwise be waived; underline/bold requirement; landlords with more than one rental cannot use 92.006(e). A filter clause that does not waive repair duties is a different question.
Statute: Tex. Prop. Code §§ 92.006, 92.052
Utah
Landlord's duty: Owner may not rent premises unless safe, sanitary and fit for occupancy, and shall maintain electrical systems, plumbing, heating, hot and cold water, and maintain any air conditioning system in an operable condition.
Can the lease shift filter changes to the tenant? Yes, with conditions. Any duty in the Fit Premises Act may be allocated to a different party by explicit written agreement signed by the parties.
Worth knowing: Allocation must be explicit, written and signed; Act covers only conditions materially affecting health/safety.
Statute: Utah Code §§ 57-22-3, 57-22-4
Vermont
Landlord's duty: Landlord warrants premises safe, clean and fit for habitation and must ensure the dwelling has heating facilities capable of safely providing a reasonable amount of heat.
Can the lease shift filter changes to the tenant? No, duty can't be waived. No rental agreement may contain a provision by which the tenant waives the implied warranty of habitability; any such waiver is void, and no statutory provision authorizes tenant assumption of landlord duties.
Worth knowing: Heating-facility requirement is part of the warranty; exempt for summer-occupancy units and hunting camps. A filter-change clause risks being an unenforceable waiver.
Statute: 9 V.S.A. § 4457
Virginia
Landlord's duty: Landlord must make all repairs needed to keep premises fit and habitable, maintain facilities and appliances in good and safe working order, and supply heat in season and reasonable air conditioning if provided.
Can the lease shift filter changes to the tenant? Yes, with conditions. Parties may agree in writing that the tenant perform specified repairs, maintenance tasks, alterations and remodeling, but only if entered into in good faith, not to evade the landlord's obligations, and without diminishing the landlord's obligations to other tenants (§ 55.1-1220(D)).
Worth knowing: Not limited to single-family residences.
Statute: Va. Code § 55.1-1220
Washington
Landlord's duty: Landlord must keep premises fit for human habitation, including keeping electrical, plumbing, heating and other facilities and appliances in reasonably good working order and providing facilities adequate to supply heat (RCW 59.18.060).
Can the lease shift filter changes to the tenant? Yes, with conditions. Parties may agree in writing to exempt themselves from RCW 59.18.060 only if the agreement is not in a standard form lease, there is no substantial inequality of bargaining position, it does not violate public policy, and the county prosecutor, the AG's consumer protection division, or the tenant's attorney approves the exemption in writing (RCW 59.18.360).
Worth knowing: Practically very restrictive: requires written third-party approval and cannot be in a standard lease. Routine lease clauses shifting HVAC upkeep are likely unenforceable.
Statute: RCW 59.18.060; RCW 59.18.360
West Virginia
Landlord's duty: Landlord must maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances supplied, and provide reasonable heat October 1 through April 30 where not within the tenant's exclusive control.
Can the lease shift filter changes to the tenant? Not addressed by statute. Not specified in statute.
Worth knowing: Statute neither authorizes nor expressly prohibits shifting duties; lease terms imposing greater landlord duties control. No repair duty while tenant in rent arrears.
Statute: W. Va. Code § 37-6-30
Wisconsin
Landlord's duty: Landlord must keep in reasonable repair all equipment under its control necessary to supply services it agreed to furnish, such as heat or air conditioning, and repair or replace equipment no longer in reasonable working condition (Wis. Stat. § 704.07(2)).
Can the lease shift filter changes to the tenant? Not addressed by statute. Any agreement to waive the landlord's § 704.07 duties in a residential tenancy is void; however the tenant has an independent statutory duty (except where a local housing code applies) to keep equipment in reasonable working order if the repair cost is minor relative to rent (§ 704.07(3)(b)).
Worth knowing: Minor upkeep like filter changes may fall under the tenant's § 704.07(3)(b) duty, but not in housing-code jurisdictions. ATCP 134 not checked.
Statute: Wis. Stat. § 704.07
Wyoming
Landlord's duty: Owner must maintain the unit in a safe and sanitary condition fit for habitation, with operational electrical, heating and plumbing and hot and cold running water unless otherwise agreed in writing by both parties.
Can the lease shift filter changes to the tenant? Yes, with conditions. Any duty or obligation in the article may be assigned to a different party or modified by explicit written agreement signed by the parties.
Worth knowing: Written, signed, explicit agreement required; article covers only conditions materially affecting health or safety; seasonal units exempt. No A/C requirement.
Statute: Wyo. Stat. § 1-21-1202
Put it in writing, whatever your state
If your state allows it, the safest form is a separate, signed addendum that names the task, says the landlord supplies the filters, and keeps the furnace with the landlord. Download the free tenant air filter lease addendum.
If you'd rather not depend on the tenant at all, FilterFlow ships a year of filters in the right size to each unit and texts the tenant when a change is due. See how it works.
Last reviewed October 2026. Statutes linked above were opened directly on each state's legislative website or a public mirror where the official site blocked access.