Implied Warranty of Habitability

The implied warranty of habitability requires landlords to provide and maintain a safe, habitable unit. Only serious issues are covered. For example, a unit with no working toilet is uninhabitable, but a unit with mold growth is usually considered habitable.

A tenant may not exercise any remedies under the implied warranty unless the tenant first provides the landlord with written notice of the defect and a reasonable opportunity to fix it.

To raise a claim under the implied warranty of habitability, you must show that:

1. The issue or defect created an unlivable and serious condition;
2. You provided the landlord with a written notice of the issue or defect; and
3. Your landlord did not fix the issue or defect within a reasonable amount of time.

If your landlord violates the implied warranty of habitability, you can:

1. Repair the issue by yourself and deduct the cost of the repair from your rent;
2. Withhold rent until the landlord repairs the condition; or
3. Vacate the unit and stop paying rent.

Whether a situation is covered by the implied warranty of habitability is not always clear. Talk to a lawyer before exercising one of these remedies.

You have a right to a safe and habitable dwelling. Contact the Centre Region Code Administration if you believe your unit is not safe or habitable.