When renting to a tenant, a landlord impliedly warrants that the rented premise is and will remain in a safe and habitable condition
In many jurisdictions, the tenant will be allowed to withhold rent and sue the landlord if they fail to comply with housing codes. The breach can be either intentional or negligent to be actionable.
The implied warranty of habitability resembles the law of private nuisance in which the landlord is interfering with the tenant’s implied right to the quiet enjoyment of his property.
Examples of conditions that can lead to a breach of the implied warranty of habitability:
- Black mold
- Slug and roach infestation
- Leaking pipes
- Broken window
- Leaking roof
- Electricity not working
- Unsafe wiring
- Asbestos insulation
It is illegal in most states to evict or harass a tenant in retaliation for reporting building code violations to the housing authority.
