. Tenants occasionally find themselves in a rental where the
Landlord is slow to fix things . Many times that Landlord is
actually “milking the property”. They are pocketing the Cash
Flow the Property is generating , but not investing it back into
the property . Many are renting properties that may not be
legally habitable.
So what exactly is the Implied Warranty of Habitability,
that is offered to tenants? It’s a warranty contained in every
Residential lease promising that the landlord will provide a
rental unit that is safe, sanitary , and environmentally healthy.
The Landlord must make necessary repair through out the
lease period to maintain the unit as “fit to live in” . The right
to livable housing can not be waived by the tenant .
Some examples of violations:
1. Unit is insecure ( locks,doors,windows)
2. Lack of adequate heating
3. Leaking roof
4. Lack of hot & cold water
5. Pest Infestation
Take Away : This warranty imposes a duty on the Landlord to keep
the premises in repair during the lease period.
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