Habitability - Know Your Rights

When "habitability" is referred to in the rental business, it is dealing with the basic, inalienable services that a Landlord must always supply to the tenant. These items cannot be forfeited by the tenant in the rental agreement or by any other means. Even if the Landlord and the tenant agree in writing that the tenant will be responsible for these items, a judge will hold the Landlord responsible if these are not provided for the tenant. These habitability issues include the following:

Lockable doors and secure windows that are not broken Clean dwelling at time of move-in. Working heating system Working electrical system that meets code requirements Working water system, including hot water Secure roof with no leaks Insect and rodent free environment Plumbing system that is functional and not leaking

If for any reason these services are not working properly and the owner has been notified either verbally, in writing or should know of any problems by way of personal inspections or reports from others who have been at the unit, the Landlord should restore these services immediately or as soon as is reasonably possible. If an owner elects not to restore any of these services after receiving notice, the tenant has the option to do one of several things that include:

Withhold rent in an amount equal to one months rent and pay someone to restore these services. Leave the unit regardless of the time left on the rental lease and not be responsible for the rent or any other contractual responsibilities.