How To Meet the Warranty of Habitability as a Landlord

The implied warranty of habitability is a public policy law. It’s a nationwide rule requiring landlords to provide tenants with a livable property.

Landlords should try to make repairs in a timely manner. But catering to excessive or unwarranted tenant demands can distract from more important duties. When deciding what repairs to make first, landlords should prioritize repairs affecting the habitability of the rental unit.

This article explains a landlord’s legal responsibilities to maintain safe, sanitary rental properties that are fit for human habitation. You’ll also find helpful tips regarding repairs and managing multiple buildings. 

Landlord-tenant laws vary by state, including specifics regarding the warranty of habitability. Protect your business and rental income by consulting with a local attorney. They can advise how your area’s laws apply to your property and how best to move forward.

Repairs That Affect the Warranty of Habitability

Every time a landlord rents out a rental unit, they’re implicitly promising that it is fit for human habitation. That is, they have made a warranty of habitability. If you don’t prioritize certain repairs, your actions or omissions as a landlord may breach the warranty of habitability in a rental property.

What the warranty of habitability includes can vary by state. For example, some states require landlords to ensure rental units are safe. Those landlords must repair exterior locks, lights, and other basic safety devices as soon as possible.

Other examples of repairs affecting the warranty of habitability include:

• Structural repairs, such as severe damage to the walls, ceiling, or floor
• Repairs to the electrical system, smoke detectors, carbon monoxide detectors, and building code violations
• Repairs to the plumbing system, hot water system, and water damage
• Extermination of pest infestations not caused by the tenant, such as vermin, rodent infestations, or bedbugs
• Removal of lead paint or other hazardous substances
• Installation of working deadbolt locks and window guards

Landlords must make repairs affecting habitability immediately. If the landlord unreasonably delays, the tenant may have the right to withhold a month’s rent or more. A tenant may also have the right to make the repair themselves and deduct it from their rent. They may also take advantage of rent abatement.

Rent abatement allows tenants to withhold rent proportionate to the uninhabitable area of the dwelling unit. If a landlord doesn’t make a necessary repair to their real property within a reasonable time, the tenant may be able to continue withholding rent money. If the problem is so severe that the tenant must move out, they may not even be liable for nonpayment of rent.

As a rental property owner, you depend on rental income to cover your business expenses and turn a profit. Don’t risk losing rent from tenants because of uninhabitable units or needed repairs. A landlord-tenant attorney familiar with your local laws can explain your responsibilities, legal options, and the best path forward for your business. Find local legal help.

Repairs That Can Be Made Later

If a repair doesn’t affect the warranty of habitability, renters may not withhold rent if the landlord fails to remedy the situation. That doesn’t mean a landlord should just ignore those repairs. There are a host of good reasons to make any kind of repair as quickly as possible:

• Safety: A loose floor tile or a broken step may not make the apartment uninhabitable, but it does present a safety hazard. If a tenant notifies you of the hazard and someone gets hurt, you may have to pay damages to the injured person.
• Maintaining a relationship with the tenant: Finding a new tenant for a rental unit is a time-consuming and expensive process for many landlords. If you ignore a tenant’s requests for simple repairs, they may decide to find a more accommodating landlord.
• Maintaining your reputation: If you respond promptly to your tenants’ requests, you build a reputation as a good, responsive landlord. This will make it easier to find better tenants the next time you need to rent your property.

Repairs You May Not Need To Make as a Landlord

Certain damage to a property might not require repairs at all. For instance, ordinary wear and tear that doesn’t affect the property’s habitability or livability might not need to be repaired. Ugly common areas might not need to be spruced up if they’re not affecting safe occupancy.

A landlord might want to wait until the residential lease term ends and another tenant is ready to move in before making the property shiny and new again. Moreover, if a tenant is at fault for creating a condition that makes the property uninhabitable, more analysis is necessary before it can be determined whether the landlord has a responsibility to make immediate repairs.

But suppose that a tenant is very upset and deliberately vandalizes the property by smashing down some walls with a hammer. It’s not exactly the landlord’s fault if the ceiling comes down before the landlord even has a chance to discover the problem. But because this could be a safety issue, the landlord may have a duty to repair the premises after learning about it.

If the tenant gives the landlord reasonable written notice of the problem, the landlord might not be financially responsible even if the repair must be made. In these situations, the landlord may be justified in initiating an eviction or taking money from the tenant to make the repairs.

In other situations, it might be easier to determine that a repair isn’t necessary at all. If the wall damage is purely cosmetic, there isn’t a safety or habitability issue that requires repair. If the rental agreement complies with the law and explicitly removes the landlord’s responsibility to fix something, then that item might not be a priority.

Examples include air conditioning, televisions, or other optional appliances not required under local housing codes. Still, as a landlord, you might consider resolving the damage anyway to avoid devaluing the property or hurting your relationship with your tenants or their neighbors.

Should I Hire a Property Management Company?

If you own and rent out more than one property, it can be challenging to keep track of them all. Successful property owners usually have a system to manage and track multiple units or properties. All tenants should have help available in an emergency.

Hiring a property manager might be expensive, but it might pay for itself if it helps you avoid more costly damage down the road. As a landlord, you’re ultimately responsible for mishaps. You may need to make some sacrifices to avoid financial and legal problems later.

If you don’t mind carrying an emergency phone and fielding tenant concerns and questions, this may be a better fit than hiring a management company. You’ll be forced to check your email and text messages frequently, which can be inconvenient and time-consuming. But it will save you from paying an outside company.

Tips About Finances Related to Repairs

Waiting too long to make a necessary repair can make a problem much bigger. The failure to budget accurately for maintenance and emergencies can lead to surprise costs. You can’t use your tenant’s security deposit to make repairs in every situation. If the tenant isn’t at fault for damage to the property, you, as the landlord, remain responsible for maintaining the habitability of the units.

Being a landlord can be expensive. But paying out of pocket for important repairs can save you money in the long run. The financial cost of repairs and legal penalties for an injured tenant can far exceed repair costs.

The government could shut down an unlivable property, and it might take a long time to rent it out again. Make the smart investments now to avoid major financial setbacks later.

Avoid Legal Trouble: Get Legal Help

Habitability problems can become time-consuming and costly. If you need help negotiating a solution, you might require legal services.

If you’re facing a habitability lawsuit for a rental property, contact a lawyer in your area. They can give you legal advice to help you avoid expensive landlord breaches. An attorney can also help you comply with court decisions related to habitability.

FindLaw’s directory of landlord-tenant lawyers can connect you with qualified legal help near you. Because your state’s laws are relevant, your attorney should be licensed in the state where the rental property is. 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, languages spoken, and whether they offer free consultations.