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What landlord duties qualify under "keeping the property habitable"?

  
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What landlord duties qualify under "keeping the property habitable"?

Postby napayshni65 » Mon Nov 21, 2011 2:10 pm

The rental house that I just moved into has a lot of damage caused by the previous tenants that the landlord is now refusing to fix. My state's law says the following in a description of tenant rights, "If the property is to be used as a home or residence you have a right to require that the owner make and keep the property fit for people to live in (habitable). This also includes the right to have the owner comply with all applicable building and housing codes and to have damages repaired unless the damages were caused by your negligence or improper conduct."

Can the damages that the landlord is required to repair include items such as ripped window screens, fireplace doors that won't open, missing weatherstripping around doors, broken closet doors, etc?
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What landlord duties qualify under "keeping the property habitable"?

Postby demarco » Mon Nov 21, 2011 2:18 pm

Most things do not have to be fixed since you accepted it in that condition. This is what you rented, not something with new closet doors, etc.

Nothing on your list is a habitable issue. Habitual means the door locks, there is a working hot water heater, a sink and at least 1 burner on a stove.

Building codes apply for the year of construction of the house. The only thing on your list that might qualify, if the house is less then 15 years old, would be the $5 weather stripping. Some states have required that for a few years.

If you are on section 8 there are other codes that have to be followed, contact your case worker.
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What landlord duties qualify under "keeping the property habitable"?

Postby jaren12 » Mon Nov 21, 2011 2:22 pm

None of what you stated renders the unit uninhabitable.

You accepted the rental unit "as-is" when you signed the lease/moved in. If you didn't like it, then you shouldn't have accepted it in this condition. Too late now.

For future reference, the only ones who can deem a rental unit uninhabitable are your local health department. You can call them for an inspection if you believe repairs are necessary (ie no water or no heat), and they will make the decision. I can guarantee you that a call to them right now, with the faults you mentioned, will be a waste of your (and their) time, making any future calls to them weightless.
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What landlord duties qualify under "keeping the property habitable"?

Postby iker » Mon Nov 21, 2011 2:30 pm

weatherstripping, closet doors and the fireplace would not qualify as necessary to be habitable. a front door that works, water and electric would qualify.
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