The Implied Law of HabitabilityWritten by dan the roommate man
Tenants and landlords are expected to fulfill certain duties, but what are they? It's sometimes hard to distribute chores and responsibilities between landlords and tenants. Typically, these things are mutually agreed on once lease is signed. However, Dessen, Moses & Sheinoff, Attorneys at law say that residential tenants are granted with at least one inalienable right regardless of what lease says: implied warranty of habitability.According to DM & S, "this means that leased premises must meet those minimum standards to make it safe for tenant to live there." Unfortunately, aesthetically unpleasant flaws do not fit under category of "things to be fixed by landlord." So, if you have a squeaky door or floor, ugly green shag carpeting or peeling paint, contrary to your desires, landlord is not responsible for their repair unless he agrees to be in lease. Each state has their own warranty of habitability law much like one for New York which states: "In every written or oral lease or rental agreement for residential premises landlord or lessor shall be deemed to covenant and warrant that premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for uses reasonably intended by parties and that occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety." This is just a fancy way of saying that building must meet all state building codes, have heat in winter, suitable drinking water, be sanitary and structurally sound. If these conditions are not met, tenant is allowed to withhold rent until conditions or problems are restored to order. In extreme or prolonged situations, tenant is able to terminate lease agreement.
| | Apartment Searches: Lose the Rose-Colored Glasses FirstWritten by dan the roommate man
If you're getting ready to rent, don't do what this editor did once ... a long, long time ago.Don't walk into unit -- particularly if it's not same unit you're getting ("It's pretty similar," you'll be assured, but don't listen) -- nod, and let that affordable rent lure you into blurting out, "I'll take it!" (That exclamation is often fueled by that familiar lust for freedom that new twentysomething college graduates experience. The fear of another year under Mom's and Dad's roof is a powerful motivator, and suddenly, a box under nearest bridge seems to offer an attractive ambiance when you tilt your head to just right angle.) I've learned a few things since then. For instance, if leasing agent mentions that they're considering replacing carpet in your home-to-be, that means they don't have any plans to do so -- certainly not before you move in, and after you're there, well, it's simply too much trouble to make effort then. It's too late at that point; they'd have to move your furniture. This isn't to say that property management companies universally are deceiving their tenants. Not true. Today's multifamily housing market is more competitive than ever, and complexes left and right are extending themselves in an attempt to provide best services within their means. But that's due partly to latest generation of consumers. We're educated, we're inquisitive, and many of us are online. In short, we're dangerous. If Complex A can't give us what we want, we'll cross street to Complex B, or wait for dust to settle on Complex C, which is still under construction. (Of course, leases already are being signed on Complex C, even though units aren't finished.) That's reality of today's apartment market. Before you sign anything, walk in armed with a list of questions. Fire away, and don't be afraid to press for answers -- particularly if you're not getting straight answers. And if your prospective complex passes with flying colors, and you decide to become a resident there, hang onto your list. It will serve as a handy resource if your landlord or management company fails to live up to claims initially made -- whether those be related to maintenance issues or various services. You may want to consider doing a little investigative journalism, as well. Beyond straight Q&A with a leasing agent or landlord, take a look around property in question, taking notes of what you observe. And talk to tenants; they're perhaps best resource of all, and nine times out of 10, they're only too happy to talk. In addition, you may want to review your state's sanitary code, which should then serve as a basis for comparison when you're checking out conditions in an apartment. Here's a list of questions, divided by category, that serves as a good starting point when you begin your apartment search:
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