Every landlord is bound by something known as the implied warranty of habitability. This guarantees the right of every tenant to live in a safe and comfortable environment, although unfortunately some landlords refuse to respect this right. Here are seven signs your landlord has violated the warranty of habitability:
- Your heating, electricity, or water does not work properly
- One of the most common warranty of habitability violations is a failure to repair broken utilities, such as water, heating, or electricity. In more extreme cases, failure to repair may be deliberate. A landlord may also fail to adequately respond to repair requests in a timely fashion.
- Your windows or doors do not lock properly
- Another issue often seen in warranty of habitability cases are doors or windows that do not have properly functioning locks. They may be broken and not stay closed as they should, making them inadequate for keeping out intruders, or they may get stuck or jammed, making them difficult to open.
- Your building has damaged flooring, walls, or ceilings that remain unfixed
- Over time, just about every part of an apartment building will deteriorate, without regular maintenance. If a landlord fails to perform regular maintenance, damaged flooring, walls, or ceilings, may result in warranty of habitability violations.
- Your landlord refuses to call an exterminator
- Roaches, rats, and other uninvited pests can make it difficult to live in an apartment, which is why a landlord is supposed to hire an exterminator to remove them. Some landlords will put this off, resulting in potential harm to tenants and a potential violation of the warranty of habitability.
- There is damaged or exposed wiring in your apartment
- Exposed electrical wires can be incredibly dangerous, especially if the wiring is damaged or otherwise not properly insulated. If your landlord allows exposed electrical wires in your apartment building, it may qualify as a warranty of habitability violation.
- Your carbon monoxide or smoke detector does not work
- Smoke detectors and carbon monoxide detectors are essential for protecting you against the dangers of fire and carbon monoxide poisoning. If these detectors are not functioning and are not replaced, this failure can pose a risk to you and your family’s well-being and safety.
- There are toxic materials in your apartment
- Some apartments, particularly those in older buildings, were made with toxic materials, such as lead paint or asbestos. If you or your loved ones are exposed to these materials, it can result in serious, long-term health consequences, especially if you have young children.
If you are in a dispute with your landlord and want to know more about protecting yourself, do not wait until it is too late. You should seek advice from an attorney experienced in handling landlord-tenant disputes, who can advise you on your rights and help you avoid the risk of eviction. Contact the skilled landlord-tenant attorneys at Hobson-Williams, P.C. Contact us online, toll-free (866) 825-1529 or (718) 210-4744 to discuss your rights and the solutions available to you.
Written by Tanya Hobson-Williams
Appointed to the bench by the Board of Trustees in 2008, and elected in 2009, Tanya Hobson-Williams was the first African-American Female Justice in the Incorporated Village of Hempstead. Tanya Hobson–Williams obtained her B.A. in Government and Politics from St. John’s University and her law degree from Benjamin N. Cardozo School of Law.
Tanya Hobson-Williams has an active elder law practice assisting senior citizens in obtaining Medicaid for Home Care and Nursing Home Care. She routinely lectures at senior citizen centers, assisted living facilities, law schools and counsels families on a variety of topics of concerns to families caring for the elderly.
