According to most state laws and housing codes, it’s the landlord’s responsibility to provide habitable living conditions, which means the rental unit meets basic requirements such as reliable heat, plumbing, electricity and solid structural elements.
Your rights apply when you first sign a lease, and throughout the rental term. Generally, landlords should also do minor repairs and maintenance when required.
But what if major problems crop up that affect your everyday life, health or safety? Uninhabitable living conditions can include anything that’s unsanitary or poses a danger to occupants residing there. Here are some common issues you might face, and what to do about them.
Common uninhabitable living conditions you might face as a renter
Anything that makes living on the premises difficult or impossible or that is an obvious building code violation falls under the term uninhabitable living conditions:
Rodent or insect infestation
Bedbugs, cockroaches, fleas, mice, rats or bats all make your rental unit uninhabitable. Cockroaches can spread disease, while rodents can damage apartment walls, electrical systems, plumbing, and roofs. Mice or rat droppings pose health hazards including Hantavirus, a serious respiratory infection.
Structural issues
Holes in the floor or walls, a leaky roof, broken exterior doors, crumbling ceilings – they’re all potentially dangerous hazards that could prevent a tenant from staying.
Mold, mildew, lead or asbestos
Poor indoor air quality usually makes your rental uninhabitable. If you see traces of black on walls and ceilings, that’s likely hazardous mold, which may cause allergic reactions or respiratory problems. Mildew, chipped lead-based paint or deteriorating asbestos insulation can also be unhealthy.
Inadequate utilities
Tenants are entitled to sufficient hot water and enough heat to stay comfortable during the winter months.
Exposed electrical wiring
Loose, live or improperly grounded wires can cause a fire or injure someone if touched. Faulty outlets, flickering lights or any other kind of electrical issue can make your place unsafe to live in. Power failures related to the city grid, however, are not under your landlord’s control.
Plumbing problems
Toilets that regularly clog, overflow or won’t flush, along with leaky pipes and sinks that don’t drain all violate the basic requirements of your lease.
Defective appliances
Landlords who provide appliances as part of the lease should make sure they’re safe to use and in good working order, especially stoves and refrigerators.
If you can’t prepare or store food in your unit, it’s uninhabitable.
Air conditioning that doesn’t work in states that experience dangerously hot summer months also qualifies.
Unsafe common areas
Stairwells, elevators, hallways and entrance or garage doors should be well-lit and in good working order. If they’re not, they could be classified under uninhabitable living conditions.
How do I report uninhabitable living conditions?
Depending on where you live and how severe your issues are, you have recourse if you think your rental unit is unsafe or dangerous. Here’s what to do:
- Report any issues and defects immediately: It’s important to document all problems: Take photos and video, and keep detailed notes. Your lease might explain how to give notice – such as by registered mail – so be sure to check.
- Follow up regularly: Keep track of when you alert your landlord, what response you received, and whether the problem was addressed. If your landlord promises to fix the issue, find out when and how it will happen.
- Reach out to local housing authorities: If your complaints are ignored, this might be your next step. They’ll advise you of your rights and outline where you go from here. Some states have government agencies that can impose fines or take legal action on your behalf.
- Withhold rent: In most areas, tenants with landlords who don’t address uninhabitable living conditions can stop paying rent until the problem is fixed. Or, you can pay for repairs and deduct costs from your rent. There are different procedures to follow depending on where you live, so consult with a lawyer or housing authority first.
- Move out: While your lease might say you need to give three months’ notice before leaving, if you have a serious problem that affects your health – like rats or mold – you can move out without giving notice.
- File a lawsuit: You might want to speak to a lawyer specializing in landlord-tenant disputes. Some offer deferred fee services so you only pay if you win.
Protect yourself by being proactive
One way to avoid dealing with uninhabitable living conditions is to avoid renting one in the first place. Inspect every apartment or condo you visit, paying attention to how the place is maintained.
And since laws vary from state to state, be sure to read up on your rights as a tenant by contacting the U.S. Department of Housing and Urban Development.
