Untenantable Living Conditions... Who Is Responsible for Maintain Them and the Legal Authority Provided

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Untenantable Living Conditions |

Who is responsible for maintain them and the legal authority provided |

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By Ben Paulson |

3/7/2015 |

Introduction:

According to the US Census Bureau, in 2014 roughly one third of the US population chose to rent their primary residence instead of owning. In fact, this number has been steadily increasing each year since the housing bubble burst around 2008 (US Census Bureau 2014). The landlord-tenant relationship is solely dependent on both sides adhering to the stipulations presented in the lease. This relationship inevitably breaks down when the duties outlined in the lease are breached. Both the tenant and the landlord need fair legal authority to provide a true symbiotic relationship. This paper will explore what legal authority the tenant has over their respective landlord and any protection the landlord has against a negligent tenant. In order to provide a fair and lasting relationship, both the landlord and tenant need legal protection against the other party when a breach of their respective duties occurs.

Legal Issue:

Tenants have a reasonable right to live in a property that is in a habitable condition. Within the lease there are many terms agreed upon in order for the tenant to legally reside in the property. Some are physically contained within the actual lease and some are imposed on the lease by common decency. One of the imposed duties bestowed on the landlord is to maintain the rented property in habitable condition, or the implied warranty of habitability. This implied warranty requires that “the leased premises be fit for ordinary residential purposes, having adequate weatherproofing; heat, water, and electricity; as well as clean, sanitary, and structurally safe premises” (Mann 1045). It is the inherent duty of all landlords to maintain the leased property in a habitable condition. When the landlord doesn’t maintain these standards, the tenant needs to have legal authority against the...