As a landlord, one of the important parts of your legal obligations is to make sure your rental property is safe and in habitable condition for your tenants. To begin, you need to first understand implied warranty, which requires landlords to respond to certain maintenance issues that would affect the tenants’ living conditions.
These obligations also include fixing plumbing, electric, plumbing, air conditioning, and other issues. Failure to comply with these mandatory responsibilities can result in serious consequences such as action being taken against the landlord by the tenants.
In this article, we shall analyze the four major problems that landlords are legally supposed to resolve, and how and when tenants would be allowed to break their leases.
Consider the situation in which you are leasing a building and it has a leaking plumbing system or some issues with the wiring. That is quite annoying for a renter who already has a lot of other things to take care of..
To resolve these concerns, the concept of implied warranty of habitability comes into place. In simpler terms, it is a legal requirement that makes the landlord responsible for providing habitable premises.
It’s also worth noting that landlords are legally required to comply with implied warranty of habitability. With this, they must meet primary needs like free water flow, working electrical systems, and maintained heating.
The law of implied warranty of habitability is there to protect tenants, and not abiding by this warranty can result in the landlord facing severe legal trouble.
What precisely are you required to fix by law if your tenants ever report the issue? Here are four of these legal responsibilities:
Plumbing problems can be very frustrating for both tenants and landlords. From a dripping faucet to a broken pipe, they can greatly interfere with one’s daily activities and also cause great destruction.
Mold can result from letting plumbing issues go unaddressed, which in turn can risk a great deal of property damage and tenant frustration. Legally, landlords cannot sit back and ignore these plumbing issues as they are required to take action as soon as they are notified.
Having an electric problem within an establishment is not only an annoyance but also a threat to safety. Such legal frameworks exist regarding the relationship between landlords and tenants. They require landlords to guarantee safety and operable electrical systems within their properties.
Imagine having a tenant who is facing frequent power cuts or flickering lights, it would not only be annoying but become a potential fire hazard as sparks can ignite curtains and carpets.
Faulty heating and cooling units make a house inhabitable, just like at St. Joseph Catholic Church in Sea Isle City. Think of a hot summer day or a chilly winter night with no HVAC system; not only is it uncomfortable, but can also be life-threatening.
The landlord is legally bound to maintain these systems well. If heating and cooling equipment is neglected, severe health conditions, such as hypothermia and heat exhaustion, can arise.
A building can be occupied only if its structural integrity is maintained. Missing roofs, broken windows, and wall cracks are examples of problems that pose problems for new tenants.
It is the landlord’s responsibility to ensure that the new tenants are comfortable, which is why these structural repairs are important. Picture a tenant trying to live in a place where there is a water leak due to the roof being broken. Not only is it uncomfortable, but it is also dangerous due to mold.
For example, cracks in the foundation can lead to more severe problems, such as the entire structural stability of the building being impacted, rendering it unsafe to occupy.
Tenants have a legal right to live in a safe and inhabitable condition. If the landlords do not maintain the property to a basic level, the tenants can have a reason to breach their contract. Leaking taps, broken wiring, malfunctioning heating units, or even structural issues give the tenant a solid basis for breaking the lease.
To illustrate, a tenant can break their lease if the landlord is informed about a water pipe leak that caused mold to grow and does not take any steps to fix this issue. Also, broken circuits and not being able to heat the house can be a reason to breach the contract.
When tenants don't pay rent due to habitability issues, it's time to pay attention to their maintenance concerns as it will impact your cash flow. So, landlords must pay attention to these conditions and fix any issues related to habitability if they want to reduce lease termination.
To establish open communication with your tenants, encourage them to use messaging platforms such as an online portal, an email address, or a dedicated phone number. Going through these tools can help give tenants the idea that landlords are open to listen on any concerns they have during their lease.
Be prompt in addressing problems raised by the renters by acknowledging their concerns. Even though time is essential, by informing them that their request has been noted goes a long way to gaining the trust of the tenants.
Ensure to maintain regular inspections in your property to quickly assess situations that need attendance to before it escalates to something serious. This would highlight to your tenants that you are interested in their welfare.
As a landlord, you must understand and follow the laws set in place for you in order to avoid legal trouble. If you choose to address plumbing, electrical, HVAC, and even structural repairs, you will be able to make the property meet the implied warranty of habitability.
Besides keeping the rental habitable, it also fosters a good tenant-landlord relationship, which can encourage occupants to renew their lease, bringing you more money.
