Tenants’ Rights under the Implied Warranty of Habitability

Woda Management and Real Estate, a division of the Woda Group, manages more than 200 properties across 13 states. Dedicated to continually meeting the needs of its tenants, Woda Management maintains an occupancy rate of approximately 95 percent.

Though tenant rights vary by state, a universal guideline is the renter’s rights to a livable space. The legal term for this right is the “implied warranty of habitability,” which means that the tenant must have a livable space regardless of specific terms of the lease. In keeping with the implied warranty of habitability, a landlord or property manager in required keep the building itself safe and its essential structures intact. In addition, all of the building’s common areas must be clean, with trash receptacles available.

The implied warranty of habitability also gives tenants the right to utility systems in good condition. All ventilation must work properly, and any elevators must be safe for use. Heat as well as hot and cold running water must be available and, if broken, are required to undergo repairs in a timely fashion. Furthermore, the tenant has the right to live in a space that remains free of lead, asbestos, mold, and vermin infestations.

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