Chapter 82: Implied warranty of habitability

What is habitability defense?

-Residential tenant's pursuit of legal remedy -due to: landlord's failure to maintain habitable conditions on rented premises.

What is implied warranty of habitability?

-Unwritten provision, included by statute, in all residential lease agreements -requiring landlord to provide safe and sanitary conditions in rental unit.

To be habitable, a residential property needs to have (5):

1.) effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors 2.) plumbing and gas facilities 3.) hot and cold running water system with appropriate fixtures connected to sewage disposal system 4.) heating facilities 4.) electrical lighting; and 5.) floors, stairways and railings

To remain in possession, the tenant is to pay the rent amount awarded to the landlord, offset by the tenant's attorney fees, within (2):

1.) five days of the entry of judgment; or 2.) ten days, if the UD judgment is served on the tenant by mail

Chapter 82 Learning Objectives (2):

1.) identify circumstances in which the implied warranty of habitability is breached 2.) actions tenant may take when landlord breaches the implied warranty of habitability

Chapter 82 Key Terms (3):

1.) implied warranty of habitability 2.) habitable condition 3.) habitability defense

Before renting a residential unit in a building intended for human habitation, the landlord is to (3):

1.) install and maintain an operable dead bolt lock on each main entry door of a unit, unless the door is a horizontal sliding door 2.) install and maintain operable security or locking devices for windows which are designed to be opened, unless the window is a louvered window, casement window, or >12 feet vertically or 6 feet horizontally from the ground, roof or other platform; and 3.) install locking mechanisms on the exterior doors leading to common areas with access to dwelling units in an apartment complex.

The warranty of habitability is breached when the need for repairs is (2):

1.) known by the landlord, either through notice from the tenant or by the physical state of the property at the time it is rented; and 2.) the landlord fails to immediately correct the defective conditions.

The tenant who raises the habitability defense instead of paying the rent takes the risk of being evicted. The landlord's failure to make repairs may not rise to the level of a substantial breach of the warranty of habitability. If repairs are minor and are judged to create only an inconvenience or annoyance for the tenant, the landlord has not substantially breached the warranty of habitability, and (2):

1.) landlord is awarded the right of possession; and 2.) tenant is liable for rent accrued through the date of judgment

A residential dwelling is uninhabitable if any features of the dwelling are (2):

1.) not properly maintained; or 2.) do not substantially comply with building and housing codes

At the time the rental or lease agreement is entered into, the building grounds and appurtenances are to be: clean and sanitary. This includes (4):

1.) parking structures 2.) communal pool 3.) laundry facilities 4.) storage areas

If a residential landlord fails to comply with required security measures, the tenant may (6):

1.) repair and deduct the cost from rent 2.) vacate premises 3.) recover money losses incurred due to condition of uninhabitable building 4.) recover losses caused by any landlord retaliation 5.) file an action for breach of contract or 6.) seek injunctive relief to stop the landlord from maintaining an uninhabitable building

In a UD action, a tenant who successfully raises the habitability defense will be allowed to (3):

1.) retain possession of premises 2.) pay reduced amount of rent based on the uninhabitable condition of property; and 3.) recover attorney fees and costs of litigation

A residential tenant in an apartment complex is not expected to make repairs to major components of the complex. Major components include (3):

1.) roof 2.) central heating system 3.) electrical or plumbing system

The UD judgment may or may not require the landlord to make all repairs necessary to return the premises to a safe and sanitary condition. When a landlord is ordered to correct the uninhabitable conditions by returning the premises to a safe and sanitary condition:

1.) tenant remaining in possession pays the reasonable monthly rental value of the premises in its uninhabitable condition until the repairs are completed; and 2.) court retains control to oversee compliance by the landlord.

The residential tenant then resorts to other remedies, such as (3):

1.) vacate premises, aka constructive eviction 2.) stop paying rent and prove landlord breached implied warranty of habitability in the ensuing unlawful detainer (UD) action; or 3.) raise and prove the defense of retaliatory eviction in any UD action

What is habitable condition?

Minimum acceptable level of safety, utility and sanitation permitted in residential rental.

_____________ is the minimum acceptable level of safety and sanitation permitted by law?

habitable condition

In applying these guidelines, a ______ would not render a residential unit uninhabitable. However, lack of running water is a significant defect that materially interferes with the tenant's ability to use property as shelter.

leaky faucet

If a residential landlord fails to make necessary repairs, and cost of repair is <1 month's rent, tenant may order and pay for needed repairs. The tenant may then deduct the cost from the rent, called the ___________

repair-and-deduct remedy