Whether you’re a tenant or a landlord, it’s wise to review your state’s implied warranty of habitability. This legal concept applies to virtually all lease agreements and aims to protect tenants by imposing certain obligations on their landlords. To learn exactly what the warranty of habitability encompasses under real estate law, read on. 

Implied Warranty of Habitability FAQ

What are a landlord’s obligations under the implied warranty of habitability?

Regardless of the terms of the lease, a landlord is legally bound by real estate law to maintain the rental unit to a reasonable standard, so it remains fit for human habitation through the duration of the agreement. In other words, the tenant has an implied right to essentials like electricity, hot and cold water, working plumbing, adequate ventilation, and sufficient heating and cooling systems. Landlords are also obligated to manage any known environmental hazards, like lead paint, asbestos, and mold. 

Where can I find my area’s habitability requirements?

When it comes to the actual terms that make up the implied warranty of habitability, the specifics will depend on where the unit in question is located. City, county, and state governments all have their own ordinances regarding habitability requirements.

Such codes address everything from minimum hot water temperature to the number of electrical outlets per room. The easiest way to determine if your landlord has violated the implied warranty is by consulting with a local attorney who will review all relevant ordinances that apply to your area. 

Do any federal laws apply to the implied warranty of habitability?

Although landlords typically only have to worry about abiding by state and local laws, there are a few federal statutes that might apply to them regarding certain properties. If a unit contains lead paint or asbestos, for example, the federal government requires the landlord to inform any tenants of its presence. 

What should I do if my landlord fails to keep my unit habitable?

If an issue arises and your landlord refuses to address it, call a real estate attorney. After evaluating the situation, a seasoned lawyer can help you determine the most strategic way to proceed. Depending on the circumstances, for example, it may be possible to expedite the repairs and file a claim for damages. 

If you have additional questions about the implied warranty of habitability—or think your landlord violated your rights—turn to Lane, Felix & Raisbeck CO, LPA. For more than three decades, this full-service firm has been counseling clients throughout Cincinnati, OH, and the surrounding areas. Backed by more than 60 years of combined experience, their team is well-versed in a broad range of practice areas, including criminal defense, family law, and real estate law. To browse all the services they provide, visit their website and then call (513) 922-7700 to schedule an initial consultation.