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Family Daycare and Paid Leave
Once you come across a dedicated daycare provider you begin to understand that working in the child care field is a labor of love and certainly not labor for monetary gain. According to Magda Martinez, UNM Career Works , “Providers earn $12,058 per...
How Are Ugg Boots Are Made?
Well we all know about this Ugg Boots fashion craze that's hit the world don't we? Those ugly fluffy looking boots that originate from Australia. But how is the humble Ugg Boot made?
The number one essential factor needed for manufacturing a...
Intelligence of cats part-1
Cats are more intellgent as compared to dogs.The anatomy of brain of cat is very similar to the human brain, whereas the anatomy of brain of a dog is not very similar to human brain.According to website http://www.petplace.com, the anatomy of brain...
Landlord's Right to Enter
When you move in to a rental property, you agree to let your landlord handle many of the repair and maintenance problems. You also agree to lose some of your privacy rights. Unless your landlord is incredibly talented, he, or one of the people...
Managing the Pain of Abusive Relationships
How many times have you said, “I didn’t have a choice?” This is a phrase that is uttered by many to justify their behavior or complain about their life circumstances. Surely, we can continue to believe there are no choices, but it is my belief that...
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The Implied Law of Habitability
Tenants and landlords are expected to fulfill certain duties, but what are they? It's sometimes hard to distribute the chores and responsibilities between landlords and tenants. Typically, these things are mutually agreed on once the lease is signed. However, Dessen, Moses & Sheinoff, Attorneys at law say that residential tenants are granted with at least one inalienable right regardless of what the lease says: the implied warranty of habitability.
According to DM & S, "this means that the leased premises must meet those minimum standards to make it safe for the tenant to live there." Unfortunately, aesthetically unpleasant flaws do not fit under the category of "things to be fixed by the landlord." So, if you have a squeaky door or floor, ugly green shag carpeting or peeling paint, contrary to your desires, the landlord is not responsible for their repair unless he agrees to be in the lease. Each state has their own warranty of habitability law much like the one for New York which states:
"In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety."
This is just a fancy way of saying that the building must meet all state building codes, have heat in the
winter, suitable drinking water, be sanitary and structurally sound. If these conditions are not met, the tenant is allowed to withhold the rent until the conditions or problems are restored to order. In extreme or prolonged situations, the tenant is able to terminate the lease agreement.
According to Rental Housing On Line, one court noted that "in the case of the modern apartment dweller, the value of the lease is that it gives him a place to live. The city dweller who seeks to lease an apartment on the third floor of a tenement has little interest in the land 30 or 40 feet below, or even in the bare right to possession within the four walls of his apartment. When American city dwellers, both rich and poor, seek 'shelter' today, they seek a well known package of goods and services. A bundle which includes not merely walls and ceilings, but also adequate heat, light and ventilation, serviceable plumbing facilities, secure windows and doors, proper sanitation, and proper maintenance." All these things are accounted for in the implied law of habitability - your inalienable right as a tenant.
If you feel your habitability right is being violated, you should contact your local tenants union. You may wish to deal with problems directly by speaking with the Building Inspection Department of your city for structural concerns, and the county health department or city code enforcement officer for health concerns.
About the Author
Since 1989 dan the roommate man has helped 1000's of people find rooms,apartments or roommates. Need help? Contact him at 800-487-8050 or www.rooommateexpress.com
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| Canada's pet information center for dogs cats and humans |
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