The Implied Law of Habitability

Written by dan the roommate man


Tenants and landlords are expected to fulfill certain duties, but what are they? It's sometimes hard to distributerepparttar chores and responsibilities between landlords and tenants. Typically, these things are mutually agreed on oncerepparttar 110478 lease is signed. However, Dessen, Moses & Sheinoff, Attorneys at law say that residential tenants are granted with at least one inalienable right regardless of whatrepparttar 110479 lease says:repparttar 110480 implied warranty of habitability.

According to DM & S, "this means thatrepparttar 110481 leased premises must meet those minimum standards to make it safe forrepparttar 110482 tenant to live there." Unfortunately, aesthetically unpleasant flaws do not fit underrepparttar 110483 category of "things to be fixed byrepparttar 110484 landlord." So, if you have a squeaky door or floor, ugly green shag carpeting or peeling paint, contrary to your desires,repparttar 110485 landlord is not responsible for their repair unless he agrees to be inrepparttar 110486 lease. Each state has their own warranty of habitability law much likerepparttar 110487 one for New York which states:

"In every written or oral lease or rental agreement for residential premisesrepparttar 110488 landlord or lessor shall be deemed to covenant and warrant thatrepparttar 110489 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 forrepparttar 110490 uses reasonably intended byrepparttar 110491 parties and thatrepparttar 110492 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 thatrepparttar 110493 building must meet all state building codes, have heat inrepparttar 110494 winter, suitable drinking water, be sanitary and structurally sound. If these conditions are not met,repparttar 110495 tenant is allowed to withholdrepparttar 110496 rent untilrepparttar 110497 conditions or problems are restored to order. In extreme or prolonged situations,repparttar 110498 tenant is able to terminaterepparttar 110499 lease agreement.

Apartment Searches: Lose the Rose-Colored Glasses First

Written 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 intorepparttar unit -- particularly if it's notrepparttar 110477 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 underrepparttar 110478 nearest bridge seems to offer an attractive ambiance when you tilt your head to justrepparttar 110479 right angle.)

I've learned a few things since then. For instance, ifrepparttar 110480 leasing agent mentions that they're considering replacingrepparttar 110481 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 makerepparttar 110482 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 providerepparttar 110483 best services within their means. But that's due partly torepparttar 110484 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 crossrepparttar 110485 street to Complex B, or wait forrepparttar 110486 dust to settle on Complex C, which is still under construction. (Of course, leases already are being signed on Complex C, even thoughrepparttar 110487 units aren't finished.) That'srepparttar 110488 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 torepparttar 110489 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 aroundrepparttar 110490 property in question, taking notes of what you observe. And talk to tenants; they're perhapsrepparttar 110491 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 outrepparttar 110492 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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