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The Implied Law of Habitability
Tenants and landlords are expected to fulfill certain duties, but what are they? It's sometimes hard to distribute the chores and responsibilities between landlords and tenants. Typically, these things are mutually agreed on once the lease is signed. However, Dessen, Moses & Sheinoff, Attorneys at law say that residential tenants are granted with at least one inalienable right regardless of what the lease says: the implied warranty of habitability.
According to DM & S, "this means that the leased premises must meet those minimum standards to make it safe for the tenant to live there." Unfortunately, aesthetically unpleasant flaws do not fit under the category of "things to be fixed by the landlord." So, if you have a squeaky door or floor, ugly green shag carpeting or peeling paint, contrary to your desires, the landlord is not responsible for their repair unless he agrees to be in the lease. Each state has their own warranty of habitability law much like the one for New York which states:
"In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety."
This is just a fancy way of saying that the building must meet all state building codes, have heat in the
winter, suitable drinking water, be sanitary and structurally sound. If these conditions are not met, the tenant is allowed to withhold the rent until the conditions or problems are restored to order. In extreme or prolonged situations, the tenant is able to terminate the lease agreement.
According to Rental Housing On Line, one court noted that "in the case of the modern apartment dweller, the value of the lease is that it gives him a place to live. The city dweller who seeks to lease an apartment on the third floor of a tenement has little interest in the land 30 or 40 feet below, or even in the bare right to possession within the four walls of his apartment. When American city dwellers, both rich and poor, seek 'shelter' today, they seek a well known package of goods and services. A bundle which includes not merely walls and ceilings, but also adequate heat, light and ventilation, serviceable plumbing facilities, secure windows and doors, proper sanitation, and proper maintenance." All these things are accounted for in the implied law of habitability - your inalienable right as a tenant.
If you feel your habitability right is being violated, you should contact your local tenants union. You may wish to deal with problems directly by speaking with the Building Inspection Department of your city for structural concerns, and the county health department or city code enforcement officer for health concerns.
About the Author
Since 1989 dan the roommate man has helped 1000's of people find rooms,apartments or roommates. Need help? Contact him at 800-487-8050 or www.rooommateexpress.com
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