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If you are renting, you have the right to living in a habitable property, and your landlord is liable for unsafe or uninhabitable living conditions, but when is a rental property considered uninhabitable in the eyes of the law? Unfortunately, this isn't a black and white issue.
According to USLegal.com, there is no strict definition of the term "uninhabitable living conditions." However, it generally applies to conditions that make living within the home or premise impossible or unsafe. While ugly aesthetics do not count toward uninhabitable conditions, lack of repairs and upkeep are a major contributor.
10 Signs of an Uninhabitable Property
Many factors can make a rental property unsafe to live in. The following are just ten examples of what constitutes a property as uninhabitable:
The Tenant's Responsibilities
When it comes to habitability, responsibility does lie with the tenant. It is up to the renter to clean up after themselves and their pets to maintain a sanitary and safe living environment. If inhabitability issues stem from improper or poor housekeeping, the tenant will be held responsible.
If the issues causing unsafe living quarters are out of the tenant's control, it is their responsibility to notify the landlord and give adequate time for the landlord to remedy the situation. In the event that a property grows uninhabitable, the tenant will have legally acceptable recourse from breaking the lease to withholding rent until the problem is fixed.
The Landlord's Responsibilities
In all 50 states, landlords are responsible for maintaining their properties. Should they allow a property to reach uninhabitable status due to failure to make repairs or provide basic appliances, they are liable. They can find themselves facing a slew of legal issues, including a lawsuit from the tenant.
If you believe the property you currently rent is unsafe or uninhabitable, look into local laws regarding habitability. Document your concerns with pictures and in writing. Approach your landlord for repairs, and should they not comply, you may want to seek legal aid to determine what your next step should be. To learn more, click for more info on real estate law and how a lawyer can help.
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