Rental property must meet minimum standards.
An implied warranty of habitability, although unwritten, is an understood agreement that a property owner will maintain his rental dwelling as required by city and state housing codes. Courts will uphold this requirement in a dispute between owner and tenant. Owners must maintain the inside and outside structure of the rental property to these minimum standards.
Exterior
Property owners are required to maintain the outside structure of the rental house, studio, apartment or other dwelling. Outside maintenance includes providing waste receptacles and arranging for waste removal in all rental property except houses. Stairs and porches must be safe from slippage; handrails and railings must be sturdy. Doors, locks and windows must be fully functional and weatherized. Stairways, lobbies and halls must be clean and free of risk. In apartment complexes, property owner are responsible for snow and ice removal.
Interior and Plumbing
Walls and ceilings must be without holes, cracks, lead-based paint and mold. Floors must be structurally sound and safe. Bathroom and kitchen floors must be waterproof. Pest control is also the responsibility of the property owner. The structure must have clean running water and sufficient hot water. Plumbing fixtures must be free of leaks and all appliances must be fully functional. Lights and light switches must work. Property owners must supply working smoke detectors when the tenant moves in; however, the tenant is responsible for keeping fresh batteries in the detectors.
Heating and Cooling
Heating and cooling laws vary depending on the state. In general, property owners must supply heat only. Property owners are required to supply air conditioning only if air conditioning was present when the tenant moved in. If the heating (or cooling unit if present) malfunctions, the property owner is required to repair the unit.
Tenant Rights
If the property owner refuses to make repairs, the tenant has several remedies. The two most common remedies available to tenants are "repair and deduct" or to withhold rent. If, after submitting a written statement of repairs, they are not completed by the landlord within a reasonable time, the tenant can arrange the repairs himself and deduct the cost from the monthly rent. The other alternative is to withhold rent until the repairs are completed. Not all states recognize these actions. Arkansas, Colorado, and Georgia have no statutes regarding rent withholding or repair and deduct, while Alabama, Florida, and Kansas have a law for rent withholding, but no law for repair and deduct. A tenant should consult an attorney before taking action. Also, the property owner is not responsible for damages caused by the tenant.
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