Single Family or Private Dwelling Tenant Rights
Landlord duties and tenant rights under a residential lease are generally set out in detail in the lease agreement. Many states also imply certain tenant rights against the landlord in a residential leasehold. However, a validly executed lease, if enforceable, will generally trump most implied state laws. Because state law varies, aggrieved tenants are advised to seek legal counsel.
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Possession
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Under original English law, a landlord had a duty to supply the tenant with not only legal possession--the valid, legal right of the tenant to occupy the property--but also actual, physical possession, including the eviction of any previous tenants and address of any conditions that might keep the tenant out. Under the modern American rule, the landlord need only provide legal possession. States have largely split over embracing the English or American rules; however, the Uniform Residential Landlord and Tenant Act follows the English rule. A landlord who breaches his duty to provide possession will be held liable for damages.
Habitability
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More than half of the states imply a warranty of habitability for residential tenancies. The standard for habitability is set by the applicable local housing code, with a backup provision that the premises must be "reasonably suitable for human residence." Should a landlord fail to provide habitable premises, states offer various remedies for the tenant, from vacating the premises and ending the lease, to self-repair and a reduction in rent, to remaining in the premises and suing for damages. A landlord cannot negotiate out of the implied warranty of habitability, and tenants are empowered to withhold rent until resolution of the issue.
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Quiet Enjoyment
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Many states imply a duty on the landlord's part to provide the tenant with quiet enjoyment of the premises, free from actual or constructive eviction. Constructive eviction occurs when the tenant's use or quiet enjoyment is impacted by something within the landlord's power; under the law, such interference is considered just as much an eviction as physical eviction on the part of the landlord. Should the landlord not respond to a timely tenant complaint of constructive eviction, the tenant may then vacate the premises with no remaining liability for rent.
Repair
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Although the common law did not recognize any implicit landlord duty to repair defects in the premises, modern law generally implies a requirement that the landlord repair problems and defects in the premises upon adequate notice and opportunity. A tenant may withhold rent until the situation is resolved.
Retaliatory Eviction
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A landlord cannot legally take any action to penalize a tenant who exercises any of his legal tenant rights. Should a landlord take an evictive action against a tenant who has so exercised, the burden rests with the landlord to show a valid reason for the eviction that has nothing to do with retaliation against the tenant. Some states have enacted statutes which assume that an eviction is retaliatory, if the landlord's evictive act takes place with 90, in some cases, 180, days of the tenant's exercise of rights.
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References
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