Do I Have To Pay Rent if My House Is Uninhabitable?

Renting a home comes with the expectation of safety and livability, thanks to the legal principle known as the implied warranty of habitability. This critical principle requires landlords to ensure their properties meet essential safety and health standards throughout the rental period. If your home falls short of these requirements, you may be wondering about your obligations to continue paying rent. This article will guide you through what makes a property uninhabitable, your rights in such circumstances, and how to address these issues effectively.

Luise A. Barrack is a real estate attorney at Rosenberg & Estis in New York City who represents clients who own or invest in commercial and residential real estate. She explains that people generally decide to hire an attorney when they cannot resolve a situation on their own. “Every situation is unique to some extent. There is some kind of a challenge. If it was [a simple matter], it probably would have been resolved without coming to legal counsel. It only comes to counsel when the parties are unable to resolve it and want to pursue a legal remedy.”

What Is the Implied Warranty of Habitability?

Landlords are property owners who rent out the use of the property to somebody else called a tenant. One of the legal responsibilities of a landlord is to maintain the habitability of the property.

The implied warranty of habitability is a legal doctrine that creates a standard of condition for landlords. Habitability is defined as a condition that is suitable for tenants to live on the property because it is safe and free of hazards. A lease does not need to have a warranty of habitability for the tenant to have this right. The implied warranty of habitability covers a broad range of property aspects:

• Minimum condition standards
• Working essential utility services
• Sanitation standards
• Security standards
• Legal compliance

What Makes a House Uninhabitable?

Each state has its own habitability standards, which can vary significantly in details and specifics. Generally, minor issues are not enough to impact habitability. The issues that impact habitability are serious, directly impacting the safety and livability of the property. A property that is not habitable is one that cannot the basic health and safety standards, making the home unsuitable for living in.

There could be structural damage or defects, like cracks in the foundation or walls. These issues could be so severe that they impact the overall stability of the structure. Structural issues could also include damage to or leaks in the roof. Utilities also fall under habitability laws, including plumbing, heating, and electrical. These services need to be functioning. Heating needs to work in cold climates, and cooling needs to work in hot climates. A severe plumbing issue would be a major leak that causes flooding, sewage backups, no hot water, or running water. Qualifying electrical issues would include exposed wiring, wiring not up to code, or frequent power outages.

Building codes apply to all construction as a matter of public interest. Code violations can be a sign of habitability issues. There are also health regulations that ensure the cleanliness of a property. So, a property that violates health codes likely has serious cleanliness issues that can make the rental uninhabitable. Common health hazards include pest or vermin infestations, mold, mildew, or sanitation problems. Less commonly, it could also be a lead, radon, or asbestos issue.

State-Specific Laws and Unique Requirements

While all states have an implied warranty of habitability doctrine, the specifics of each state’s laws can vary significantly. California’s habitability laws specifically mention landlords must maintain working heat and hot water. New York’s habitability law adds to this with a requirement to address lead paint hazards in buildings built before 1978. In Texas, there are extensive statute-defined timelines for addressing habitability issues. Florida’s habitability law includes provisions for pest control.

How To Report a House with Unsafe Living Conditions

If a renter truly believes they are currently in unsafe living conditions, they should take steps to report the needed repairs. The first thing the tenant should do is document the defective conditions as accurately and fully as possible. Try to take as many pictures and videos as possible. It can also be helpful to show a timeline of the issue, which can show how the issue is getting progressively worse.

Review the lease agreement to determine any reporting requirements outlined in the written lease. Always follow the terms of the lease when reporting issues to the landlord. If the lease is silent on reporting, do so in writing. Describe the issue in the notice and request the landlord make repairs. Keep a copy of your communications and proof of receipt by the landlord.

A tenant must follow each agency’s process when reporting habitability issues to a local or state government agency. This could be as simple as calling a hotline and making a report. It could also require the tenant to visit the agency’s website and fill out an online form. There could also be a process for filing a complaint in person.

Can a Landlord Charge Rent if the Property Is Uninhabitable?

No, a landlord cannot charge rent for an uninhabitable property. The implied warranty of habitability requires landlords to maintain safe living conditions. In addition, tenant rights dictate that tenants have a right to demand a habitable home when renting. A tenant can seek legal recourse when a rental property does not meet the basic habitability standard.

A tenant can seek rent abatement, where they pay a reduced amount of rent or no rent until the issue is resolved.

Legal Recourses for Unsafe Living Conditions

No one should be forced to live in unsafe living conditions, especially if they are paying rent. Landlords are legally required to ensure their rental property complies with building codes and safety laws. If you are a tenant facing unsafe living conditions, several legal recourses are available.

Document the Habitability Issues

The first step is to document the unsafe living conditions and any violation of housing codes. Take plenty of pictures and videos to document the ongoing conditions and the landlord’s refusal to make the necessary repairs.

Give Your Landlord Written Notice

Give your landlord written notice of the habitability issues. Ensure that your delivery method for the written method is verifiable. This will become important later should you need to take legal steps to hold the landlord accountable. You could send the notice by certified mail, by email with a read receipt, or through an online portal with submission confirmation.

Consider Notifying Your Local or State Housing Authorities

If the landlord fails to address the issue within a reasonable amount of time, consider contacting the local or state housing authorities. Tenants can report unsafe living conditions, and the agency will enforce local building codes and health hazards. Tenants can also contact tenants’ rights organizations. These organizations can advocate on behalf of the tenant or connect them with an attorney who can provide pro bono or cost-effective legal aid.

Consult a Lawyer on Withholding Rent or Taking Legal Action

Another option is to pursue legal remedy on your own by hiring an attorney. A lawyer can advise on what legal remedies are available to the tenant. One possible option is withholding rent until repairs are made. This needs to be carefully done, as you don’t want to risk eviction for nonpayment of rent. A lawyer can help calculate an appropriate amount to deduct from the monthly rent. They can also advise on how a tenant can protect themselves. This could include putting the rent due in an escrow account. That way, if a court order rules the renter owes the landlord that money, they have it ready to pay.

Barrack explains why it’s important to hire a lawyer when resolving a legal issue. She points out that a lawyer can help the parties agree to a resolution and avoid going to court. Going to trial means putting the resolution of the situation in the hands of a judge. “My counsel is always to try to resolve whatever the conflict is. It’s better to have control over what the resolution of the conflict will be than to leave it up to a third party to decide.”

Taking a Self-Help Approach

Another option is for the tenant to take a self-help approach. They can have the repairs done on their own to bring the rental unit up to habitable condition and then seek compensation for the cost from the landlord. For this remedy to work, many states require the tenant to give the landlord proper notice of their actions before they begin making repairs. A third option is to file a lawsuit in small claims court. A tenant could seek rent reduction or suspension until the habitability issues are addressed.

The tenant may be able to pursue additional damages when filing a lawsuit. Potential damages could be outlined in the rental agreement. A lawyer can also review the circumstances and identify any other possible claims for recovery. A renter could ask for attorney’s fees or the cost of legal services they employed because of the situation. Perhaps they could seek recovery for moving costs for a wrongful eviction notice.

Find Experienced Legal Help

The right to a habitable living space is a fundamental aspect of renting a home, and understanding your responsibilities and options when facing uninhabitable conditions is crucial. By documenting issues, communicating with your landlord, and exploring legal remedies, you can take steps to address unsafe conditions. If you find yourself navigating these complex situations, seeking professional legal advice from a landlord-tenant lawyer can provide the clarity and support needed to address uninhabitable conditions effectively. Protect your living environment and take informed action to ensure your home meets the necessary standards.

Visit the Super Lawyers directory to begin your search for a real estate attorney who practices landlord-tenant law.