In a residential lease there are assumed responsibilities that both the landlord and tenant must adhere to in order to make the rental agreement work and be fair to both sides.
The implied warranty of habitability is an unstated guarantee that a landlord will ensure that a rental unit is safe and fit to live in and will remain so throughout the terms of the lease. In exchange the tenant agrees to pay the stipulated rent in a timely manner and abide by stated rules and laws.
The Implied Warranty Of Habitability
Habitation in this instance refers to a home or other personal living space that is occupied by people. So habitability refers to the implied warranty that when a unit is offered for rent to be lived in, it meets certain minimum standards that could reasonably be expected.
Virtually every state has an implied warranty of habitability although each may differ from one another. The purpose is to set minimum standards for both landlord and tenant to ensure that both sides are guaranteed to receive what is reasonably owed to them.
So even if the lease specifies that the landlord will keep the rental unit in reasonable shape and will make repairs as required, implied warranty of habitability further governs that the landlord must maintain the property in a habitable condition while it is being rented.
Landlord’s Perspective
From the landlord’s perspective, they have the right to receive the specified rent paid on time for each rental period. They also have the right for the tenant to reasonably follow specified rules which may be further outlined in the lease agreement and in local landlord and tenant laws.
In a house or other similar dwelling, local laws along with the written lease will determine what the landlord is able to require in terms of obeying various rules. A condominium can have further requirements such as limitations on pets, visitors, gardens, lawns, and what can be done to the outside of the property in terms of painting, fences and things of that nature.
Tenant’s Perspective
From the tenant’s perspective, an implied warranty of habitability ensures that they are renting a unit that is livable and safe. It protects them so that during the entire length of the lease agreement, the property they occupy will remain livable and safe.
Some implied warranty of habitability examples may include further protection for tenants if they have filed a complaint against their landlord over violations, lack of attention to requested repairs and things of that nature.
What Constitutes Uninhabitable Living Conditions?
While it can depend on local laws, there are a number of (hopefully) obvious signs that the rental property is uninhabitable:
- Electrical problems such as exposed wiring or no electricity.
- Heating problems especially during the winter.
- Holes in the floor.
- Infestation of certain pests such as mites, cockroaches, termites or bedbugs as it could be a result of a larger (unsanitary) problem.
- Safety issues such as broken stairs or other dangerous problems.
- Structural problems due to age of home, lack of maintenance or perhaps a natural disaster.
- Appearance of mold, asbestos exposure and things of that nature.
- Code violations related to fire exits and other safety concerns.
- Chronic dampness from flooding or leaking of water.
- Water supply problems.
There are many more potential hazards that could render a property uninhabitable but these are some of the more common ones that may occur.
What Are Unsanitary Living Conditions?
Some aspects of a rental unit might not make it uninhabitable but may constitute unsanitary living conditions. While some of these conditions may be a result of tenant action, that may be for them for sort out and prevent.
On the other hand, other specific unsanitary living conditions can be the responsibility of the landlord to address, such as:
- Some of the reasons listed in the Uninhabitable Living Conditions section such as infestations, mold, asbestos and water/dampness problems.
- Broken appliances that aren’t fixed or replaced.
- Waste water back up that causes a smell or liquid build up.
- Chronic problems with gas, electricity or water delivery and/or elimination (ie. sewage problems, gas exhaust, etc).
- Excessive dirt, debris and filth that was in the property before it was rented.
- Build up of animal or human waste that is caused by a malfunction in the sewage system or septic tank.
Unsanitary + Uninhabitable = Not Mutually Exclusive
A property that is unsanitary may also be uninhabitable or it could be one or the other. A home that has no heating in the middle of winter in a cold, northern climate may be uninhabitable but not necessarily unsanitary. A property with sewage backup in the basement that also smells is both uninhabitable and unsanitary.
Depending on the situation, a property may not become unsanitary or uninhabitable right away but over a period of time. If the heat stops working in October when the weather is still reasonable, the house may still be habitable while repairs are made. But if the repair hasn’t been made by November when the weather has gone south and cold sets in, things may be different.
Sometimes problems can’t be fixed overnight and may take days before a repair person can even show up to address the issue. In my experience, it may take a few days just to get someone to agree to come out to the property to take a look and even then you might need to coordinate and figure out who will be there when the repair is being made: Tenant? Landlord? Both? A return visit with parts often occurs, too which extends the repair time.
Who Is Responsible?
As mentioned above, both landlord and tenant play a part regarding the implied warranty of habitability that they are responsible for. Who is responsible for a rental property becoming uninhabitable or unsanitary may be the fault of the tenant and thus their responsibility to correct or may be something the landlord must fix.
Tenants: Are generally responsible for cleaning, dusting, vacuuming and otherwise maintaining the residence. If these tasks are not taken care of, that’s their problem to correct. If they are unclean, are hoarders or let things slide, that’s up to them to correct it.
One common problem that tenants complain about is an appliance such as a dishwasher not working properly. Typically it’s because the tenant(s) puts excessively dirty dishes in the dishwasher without rinsing and doesn’t ever wash or clean the dishwasher filter. Over time this reduces dishwasher performance. But they assume the dishwasher is broken. Problems like this can be avoided with tenant maintenance.
Landlord: Any problems that are not caused by tenant laziness, destruction or inattention, and problems that are normal wear and tear, are typically the responsibility of the landlord. It’s up to the landlord to understand what their role is and what responsibilities they have to maintain their part of the lease for ethical and legal reasons.
How To Report Implied Warranty Of Habitability Violations
Typically the first point of contact is your landlord or whoever is in charge of the lease. Contact them first in the appropriate manner – phone, email – and explain the problem. Phone is a good method to start with because you may get the person live to let them know right away. If you get voicemail, leave one and send a follow up email to put the request in writing. Most landlords should be reasonable if the repair request is reasonable as it’s in their best interest both legally and ethically to address it.
If you receive no response or the repair is otherwise left unattended, try to go over the head of the person you’re dealing with if your landlord is a company. You may not have reached the correct person or spoke with the lazy slow one who isn’t quick to help.
In the meantime and if you haven’t already done so, determine where the problem lies on the unsanitary – uninhabitable spectrum to understand where you stand. Check local landlord and tenant laws and if you couldn’t be bothered to do that, find a local tenant advocacy group or your local health department
to enquire and get their opinion and help. If it’s a serious enough problem, the health authorities may be able to point you in the right direction and perhaps even advocate on your behalf.
Commercial Leases
Commercial leases are generally not covered by an implied warranty of habitability because a commercial unit is for business purposes and not for living in. Other rules and conditions will most likely apply in terms of how the commercial property can be used.
Presumably a person will not be living in a commercial unit and if they are that’s their choice and might be a violation of the lease terms if it is discovered by the landlord or local health and bylaw officers.
Summary
The implied warranty of habitability is a presumed list of responsibilities that both landlord and tenant are held to. From a landlord’s perspective their tenant must adhere to local laws and clauses in the lease. They must also pay rent in a timely fashion.
From the tenant’s perspective they have the right to inhabit a dwelling that is safe and suitable for living in. While local tenant and landlord laws exist, they also have the right to various other guarantees related to living in a rental property that is maintained properly during the term of the lease. Having said that, they also have a responsibility to maintain the property in terms of its cleanliness throughout their tenancy.
