For a person living in a rented property, it could sometimes be a huge task for them to get their landlord to do repairs in the house. However, if you are facing problems that make living conditions impossible in the house and your landlord is not paying any heed to it, then you would be happy to know that it is your landlord’s legal duty to get the repairs done.
Implied warranty of Habitability is a legal duty a landlord must abide by and you are entitled to legally invoke this right as a tenant. It is the duty of the landlord to ensure that the property they are putting up for rent is in a suitable living condition. They must take proper steps to keep it in the same suitable condition throughout the period of occupancy. This is an implied duty covered with any property that is being put up for lease or rent and is to be occupied for residential purposes. This warranty does not cover any property that is intended to be used for any commercial purpose.
It is crucial for a house to meet certain safety and hygiene requirements for it to be considered suitable for living. It is the duty of the landlord to ensure such living conditions are met. If after renting the property there arises an issue which hampers the safety or hygiene of the occupant, the doctrine of Implied Warranty of Habitability states that the landlord must take immediate and proper actions to reverse such conditions. Some of the key factors of Implied Warranty of Habitability are:
It is the statute and the code of the local buildings that decide what comprises a suitable living condition. And in some cases, it is also determined by the law.
Proper Ventilation, a working bathroom, safe construction, running water and electricity are some of the basic requirements that make a premise livable.
The tenant has the right to withhold rent, or terminate the lease if the landlord does not take necessary action to repair any such damage which has occurred after the occupancy and the landlord has been made aware of it in writing.
The tenant would not be able to exercise this doctrine later on if they knowingly rented a property which does not meet the criteria of suitable living just to save rent.
