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The Legal Standard for Repairs: Warranty of Habitability
Landlords have the responsibility to maintain residential rental property and repair any defects. Under most state law, there is an implied warranty of habitability, which is defined as the minimum standard for decent, safe, sanitary housing suitable for human habitation. This warranty applies throughout the lease. Most jurisdictions that ordinances or laws that require owners of real property to maintain the property and make any necessary repairs. These codes typically require that any rental property offered by a landlord must meet the minimum standards established in the codes. The landlord's obligation is to deliver the rental property to the tenant in compliance with the housing codes and to maintain compliance with the housing codes throughout the time the tenant has possession of the rental property.
FAQs
- Are there any limitations on the use of repair and deduct?
- Does the implied warranty of habitability apply only to tenants living in slum buildings?
- Does the landlord have the obligation to maintain the premises and to make repairs if defects occur?
- What can the tenant do if the landlord refuses to maintain the premises?
- Can the tenant do anything if the landlord refuses to make repairs?
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