As a tenant, you deserve a safe place to call home. What would happen if the apartment or rental home that you live in becomes unlivable or unsafe? This is where you need to understand your rights as a renter, and then you can continue to take appropriate measures to uplift your living standards. Read this guide and let’s explore how to recognize uninhabitable living conditions as a tenant.
How Habitability Impacts Tenant Rights and Landlord Responsibilities
All tenants are legally protected to have habitable living conditions in most states. In other words, the landlords should provide housing that meets at least the minimum living standards. These minimum living standards are not just about luxury or comfort. They are more about basic human needs and safety.
Your landlord needs to maintain a few key features in your rental unit. First of all, your rental property should have working plumbing and hot water. You should also have functional toilets, sinks, and showers. Third, the roof and walls should keep out rain, snow, and wind without impacting your day-to-day life. Similarly, the electrical system needs to be safe and up to code.
Apart from these basics, there are a few other essential requirements that landlords should satisfy. For example, they need to offer safe doors and windows and freedom from pest infestations. The property should also have adequate trash disposal methods and comply with local building codes. These aren’t just optimal extras, but legal requirements in most states.
What if these standards are not met?
If any of these standards are not met, you need to exercise your rights as a tenant. For example, you can request that the repairs be done while you put it in writing. Then you can provide a reasonable time for the landlord to respect. Uninhabitable living conditions will take time for repairs and legal recourse. You need to keep this in the back of your mind and proceed with landlord communications.
If the issue is threatening your health or safety, your landlord should respond fast. It is fine to let the landlord take some time to fix minor repairs. However, the landlord should not ignore them indefinitely.
There are tenants who worry about retaliation when they ask for repairs. If you are one of them, you need to keep in mind that the law protects you from unfair treatment after making legitimate complaints. In other words, your landlord will not be able to evict you or raise your rent. While keeping this protection in mind, you can speak up about your problems.
At the time of escalating complaints, you need to pay extra attention to documentation. This is where you need to take photos of the problem as soon as you notice it. Along with that, you need to keep copies of all letters, emails, and texts that you send out to the landlord. Bay Property Management Group encourages tenants to be proactive in documenting and reporting unsafe conditions. This will help you ensure safe and happier living conditions throughout your stay.
What are the Potential Consequences for Landlords Who Fail to Maintain Habitable Housing?
Is your landlord failing to maintain habitable living conditions? Then your landlord will have to deal with numerous consequences. Let’s take a look at them.
Legal Actions
As a tenant, you can take your landlord to court for habitability violations. Small claims court can handle most of these cases. If you proceed with the case correctly, you will end up getting rent refunds or repair costs. You will be able to sue for the difference between what you paid and what the unit was actually worth in its poor living conditions. Some tenants even win cases for emotional distress caused by unsafe living conditions.
If multiple tenants in the same building are facing similar issues, you can proceed with a class action lawsuit. These cases are much stronger than individual cases. As a result, they can introduce some significant changes to the way a property is managed.
Fines and Penalties
City and county governments impose fines on landlords who violate housing codes. These fines will start small but will continue to increase if the violations are not addressed. A landlord may have to pay $100 for the first offense, but it will increase up to $500 during the second instance of violation. Some cities will continue to fine until the issue is fixed.
State agencies can also penalize landlords. For example, they will suspend or revoke rental licenses for serious or repeated violations. A landlord will not be able to rent a property without a license. As a result, it creates a strong motivation for the landlords to proceed with fixes.
Tenant Remedies
If you are dealing with uninhabitable living conditions, you have a few options to consider. For example, you can go ahead with withholding rent. Many states now allow tenants to stop paying rent until the repairs are done. However, you need to follow specific legal procedures when you stop the rent payments. For example, you should notify your landlord in writing and provide a reasonable time to fix the issue. You may also need to place rent money in an escrow account to show good faith.
Repair and deduct is another option available for you to consider. If you follow this method, you will be hiring someone to fix the issue. Then you can subtract the cost from your rent. However, states set limits on how much you can deduct. It is often equivalent to one month’s rent.
Final Words
Every tenant should have a clear understanding of habitable living conditions. If you believe that you don’t get habitable living conditions from your property, you should go ahead and let the landlord know about it. While doing that, you need to keep in mind that the laws protect you from losing your right to have a livable home. Once you stand up for your rights, you can maintain good living conditions for yourself as well as future tenants.