Every residential lease carries with it an implied
right for tenants to live in a “habitable” property. This means that the
property has to have structural integrity, have a lock, and be free of defects
such as smells, vermin, or continual loud noises that might make it impossible
to live in. Even if those defects are not technically the landlord’s fault, the
landlord has an obligation to provide you with a livable property in order to
collect your rent.
This “implied warranty of habitability” is legally imputed to every lease, so it does not need to be spelled out, but it generally applies to serious defects, not minor annoyances. A roach problem that can be resolved with an extermination or over-the-counter bug spray does not rise to the level of a breach of the landlord’s duty to provide a livable space.
If you do have problems with the condition of the space, it’s a good idea to send a letter (or an email) to the landlord spelling out the problem and asking for help. Your communication should not be aggressive or accusatory. Rather, simply point out the problem, and ask for the landlord’s help in resolving it. Most landlords are open to fixing these types of problems to maintain good relations with tenants. Trust that your landlord will act in good faith when you make your request for assistance.
If that does not resolve the problem, and if the property is truly uninhabitable, that can give rise to your right to terminate the lease without further obligation. If you think it’s serious enough to force you to consider breaking the lease, you can then take more aggressive action by sending a formal written letter to the landlord spelling out the problem and demanding resolution. In the letter, state that if the problem is not resolved in a reasonable time, you will be forced to vacate the property for breach of the implied warranty of habitability. Hopefully, this will get the landlord to act.
If you need help resolving these issues, approach the agent who helped you lease the property, who will have experience handling these problems and might be able to assist you. Landlords want good relationships with real estate agents and brokers, so an agent stepping in to help you negotiate a resolution to the problem might compel the landlord to take you more seriously.
This “implied warranty of habitability” is legally imputed to every lease, so it does not need to be spelled out, but it generally applies to serious defects, not minor annoyances. A roach problem that can be resolved with an extermination or over-the-counter bug spray does not rise to the level of a breach of the landlord’s duty to provide a livable space.
If you do have problems with the condition of the space, it’s a good idea to send a letter (or an email) to the landlord spelling out the problem and asking for help. Your communication should not be aggressive or accusatory. Rather, simply point out the problem, and ask for the landlord’s help in resolving it. Most landlords are open to fixing these types of problems to maintain good relations with tenants. Trust that your landlord will act in good faith when you make your request for assistance.
If that does not resolve the problem, and if the property is truly uninhabitable, that can give rise to your right to terminate the lease without further obligation. If you think it’s serious enough to force you to consider breaking the lease, you can then take more aggressive action by sending a formal written letter to the landlord spelling out the problem and demanding resolution. In the letter, state that if the problem is not resolved in a reasonable time, you will be forced to vacate the property for breach of the implied warranty of habitability. Hopefully, this will get the landlord to act.
If you need help resolving these issues, approach the agent who helped you lease the property, who will have experience handling these problems and might be able to assist you. Landlords want good relationships with real estate agents and brokers, so an agent stepping in to help you negotiate a resolution to the problem might compel the landlord to take you more seriously.
