What responsibilities does a landlord have under the implied warranty of habitability? A3
The implied warranty of habitability is a legal doctrine in most states that requires landlords to offer and maintain leased premises in a safe and sanitary condition fit for human habitation for the duration of the lease.
For most states, basic requirements for habitable housing include:
- Maintenance of systems for electrical, plumbing, heating and/or cooling, ventilating, sewage and sanitation
- Supplying potable water and hot water
- Providing for trash collection and removal
- Maintenance of common use areas
A landlord should check his state statutes and local ordinances to determine whether there may be additional requirements to ensure habitable conditions. Requirements could include climate protections such as weather-proofing measures for protection from extreme heat and cold, waterproofing, severe weather shelters and environmental hazards protections including pest extermination. There may also be requirements by state and local housing codes for health and safety protections.
Landlord provided amenities are typically not covered under the warranty of habitability. Amenities, while not considered essential for living, add to the comforts of rental living as well as provide value-added incentives to attract potential tenants. A landlord should be aware, however, that if a landlord does provide amenities, in most jurisdictions, the landlord will be required to maintain and repair those amenities.