The article " The Implied Law of Habitability" is about family, it has been created by dan the roommate man.
Tenants and landlords are expected to fulfill certain duties,
but what are they? It's soemtimes 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 utnil 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 ntoed 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 thrid 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 think your habitability right is being violated, you
should contact your local tennats union.
You may wish to deal
with problems directly by spekaing with the Building Inspection
Department of your city for structural concerns, and the county
health department or city code enforcement officer for health
concerns.
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