Liability of Landlords
Should a landlord and tenant create a lease agreement, the liability of the landlord will generally be governed by the terms of the agreement. However, there are certain basic landlord duties imposed by law in most states, and the landlord cannot legally contract out of these duties using a lease agreement. Those with specific landlord or lease issues should seek legal counsel.
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Warranty of Habitability
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The majority of states force a residential landlord to offer an implied warranty of habitability. This warranty guarantees that the premises will be suitable for human residence. The suitability standard varies by state; some states leave the definition elastic, but many states demand that a landlord meet the minimum standard for residences set by the local housing code. Breach of the implied warranty of habitability carries different forms of liability in different jurisdictions. Some states allow the tenant to vacate and cancel the lease, some allow the tenant to remain but cease paying rent until the problematic condition is remedied, and in others the tenant can stay in the lease and sue for damages.
Providing Possession
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Historically under English common law, the landlord had to supply the new tenant with two types of possession: legal possession (the right to move in to the property), and actual possession, meaning that the landlord took care of any physical conditions that prevented the tenant from moving in (such "physical conditions" included an evicted tenant who wouldn't leave). The growing trend in modern American law requires the landlord to provide legal possession only. However, some states still follow the English law. Breach of the duty to provide possession makes the landlord liable to the tenant for money damages.
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Repair
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Most states demand that, once a tenant informs the landlord of needed repairs or maintenance (except for the those created by the tenant's own misconduct), the landlord must make the repairs within a reasonable amount of time. "Reasonable" is generally defined based on the specific facts. Should a landlord fail to make these repairs in a timely manner, many states allow the tenant to remain in possession and withhold rent.
Constructive Eviction
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Many states force a landlord to address any constructive eviction of the tenant. "Constructive eviction" comprises situations in which the tenant's ability to use or enjoy the property is substantially diminished. Constructive eviction may cover such situations as a roof with a drastic leak or some types of plumbing problems. Most states' laws treat constructive eviction as a form of true eviction; should the landlord fail to fix the problem fairly quickly, the tenant may simply move out and stop paying rent.
Retaliatory Eviction
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All states have laws that forbid retaliatory eviction. Should a tenant exercise her legal rights as a tenant (for instance, demanding that the landlord make required repairs or withholding rent for repairs not made), the landlord may not then retaliate by evicting the tenant. Should a tenant claim retaliatory eviction, many state laws presume that the eviction was retaliatory. The landlord then must demonstrate some legally acceptable reason for the eviction.
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