The Implied Warranty of Habitability & Duty to Repair

Landlords and owners have a legal duty to provide tenants with safe, sanitary housing. This includes but is not limited to an obligation to provide:

  • Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and door
  • Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.
  • a water supply that produces hot and cold running water, connected to a sewage disposal system
  • Heating facilities maintained in good working order
  • Electrical lighting and wiring maintained in good working order
  • Clean Building/grounds, free of trash, rodents and vermin
  •  Adequate trash receptacles kept in clean condition
  • Floors/stairs and railings maintained in good repair
  • Locking mail receptacle for each unit

A landlord cannot hold a tenant responsible for repairing and maintaining any of the above.