What Is Material Noncompliance?

Renting an apartment comes with responsibilities. By signing a lease, tenants agree to pay rent promptly and comply with all other terms stated in the contract. But landlords also have obligations, especially regarding habitability standards.

A dwelling unit must be safe to live in when the tenancy is in effect. Residential landlords must also abide by local and state housing codes. When a landlord fails to meet these standards despite reasonable requests by the tenant, the tenant may sue them for material noncompliance.

This article covers the basics of material noncompliance, which is essentially a breach of contract in a landlord-tenant relationship.

Habitability and Housing Codes

A property is considered habitable if it has adequate:

• Heating and water
• Electricity
• General cleanliness
• Structural safety

Legally speaking, habitability is enforced as an implied warranty. The implied warranty of habitability means the landlord must maintain livable standards for the rental property. These vary by state and locality but generally require reasonable upkeep of real property while rental occupancy continues.

While most state laws requiring certain habitability standards are similar, some states provide extra protections for tenants. Some states have codified these protections under civil codes, while others have passed various landlord and tenant acts as individual laws to protect tenants.

For example, New York law may require lobby attendant services, intercoms, and elevator mirrors for buildings of certain size and occupancy specifications. Most buildings will also be subject to laws requiring:

• Smoke detectors
• Protection from lead paint
• Locking doors and windows

Additionally, landlords must comply with applicable housing codes. These typically address things such as:

• Ventilation and air conditioning
• Electrical wiring and plumbing
• Earthquake safety

Some states require additional safety mechanisms, such as deadbolts and mandates to change locks between tenants.

Dealing With Material Noncompliance

Suppose your landlord has not conducted necessary repairs or maintenance promptly. The lease agreement or local laws typically require you to give written notice and a reasonable time for your landlord to fix the problem. After receipt of the notice of issues, a landlord must make a good-faith effort to investigate and resolve deficiencies.

Of course, not every issue is a priority. For instance, suppose you give notice that you found abandoned personal property in the common areas. It might be acceptable for your landlord to take a full month to remove it if it’s not an emergency. Even their omission might not necessarily be a violation as long as the property isn’t endangering tenant safety or obstructing passageways.

But in some situations, a landlord must act quickly after receiving notice about a problem. For example, suppose your water stops working and you give your landlord immediate, one-day notice. The lease terms might not address utility problems, but that doesn’t matter.

The law usually requires a landlord to provide running water unless the tenant contributed to the problem. Because water is essential to habitation, even nonpayment of rent can’t justify a landlord’s denial of the service. Unless the utility company directly causes your water issue, your landlord has to address the problem to the extent they reasonably can.

Taking Legal Action Against a Landlord

Sometimes, telling the landlord you understand your rights and their responsibilities will prompt action. If not, check your state and local laws to see what options are available in your area. For example, certain laws might allow you to:

• Pay less month-to-month rent or withhold all rent due (sometimes in escrow) until the repair is complete
• Hire an outside party to do the work and subtract the cost from your next rent payment
• Contact the local authorities if the problem violates a state or local housing code
• Vacate the property and call for the termination of the rental agreement
• Consider filing a constructive eviction action and/or material noncompliance lawsuit

Even small claims court can require significant time, effort, and money. Having an attorney on your side greatly increases your chances of success. Find local legal help.

Because it’s expensive, time-consuming, and emotionally difficult, a lawsuit may be a last-resort option. But if you’re pushed to take such action against your landlord, you’ll want a court order in your favor. That means you’ll want to gather evidence specifying:

• Your actual damages, such as lost income and expenses
• Documentation of your monthly rent and security deposit
• Your reasonable attorney’s fees incurred in litigation

In court, you can ask the judge or jury to award you these expenses if they rule in your favor. You may even get reimbursement for some of your rent and damage deposit. A landlord found to have acted in bad faith could be liable to you beyond the value of the lease.

Hold Your Landlord Accountable: Get Legal Advice

If your situation remains unresolved, you may need to pressure your landlord in a different way. You have options if you believe the property owner or management company is in material noncompliance.

A landlord-tenant attorney can help you enforce your legal rights before you go to court. They may write demand letters and communicate directly with the landlord. This pressure can help you avoid litigation altogether. If a lawsuit becomes necessary, having an experienced attorney on your side significantly increases your chances of success.

FindLaw’s directory of landlord-tenant lawyers can connect you with qualified legal help near you. Because state law is relevant, your attorney should be licensed in the state where you live. Enter your city or ZIP code for a list of legal professionals in your area. Your search results will also show important details about prospective attorneys, like ratings, areas of practice, and whether they offer free consultations.