Renter's Rights With Unsuitable Apartment Living Conditions

While tenancy laws differ in every state, most states have laws that protect and provide certain rights to tenants living in unsuitable living conditions that are unsafe or harmful to their health.

The Facts

States that have an implied warranty of habitability require landlords to maintain and repair their rental property, and abide by their local building code requirements for safety, decency and sanitation.

Constructive Eviction Theory

This legal theory applies when the landlord has not fulfilled his part of the lease agreement because the apartment is not a fit place in which to live. Therefore, the tenant is essentially evicted, and no longer obligated to pay his rent.

Repair Costs Deducted from Rent

The repair and deduct remedy lets tenants take the repair costs out of their monthly rent. A tenant must send her landlord a written request for repairs, and allow him enough time to make the repairs before using this remedy.

Refuse to Pay Rent

A tenant can refuse to pay a portion of, or all, his rent if his landlord has not made the requested repairs, but only after giving the landlord enough time to fix the problems.

Leave Apartment

A tenant can leave the apartment after letting the landlord know why he is moving out. This remedy can only be used in extremely serious, uninhabitable conditions.

References

• enotes:Landlord/Tenant Rights
• California Department of Consumer Affairs:California Tenants-Having Repairs Made