The landlord or the property management company should make certain that the home for rent is in a habitable condition. They are also expected to cease from interfering with the tenant’s right to privacy and quiet enjoyment of the home. If the property no longer fit for human habitation or the landlord frequently meddles with a tenant’s quiet enjoyment, the occupant has a reasonable basis for taking legal action against the property owner.
Not Keeping The Property In Habitable Condition
The landlord is obliged to keep the rental property in livable state by adhering to all building, housing, health and safety codes. Some landlords prefer hiring a property management company to maintain the home’s habitable condition. The landlord or the property manager must ensure that all the electrical, plumbing, heating and ventilating systems are functioning appropriately. The failure to uphold the habitability of a home is an apparent violation of the landlord’s duty and the renter is entitled to make action against the landlord.
Forbidden Landlord Actions
A property owner cannot just alter the locks, get rid of the doors and windows or shut off utility services and other amenities or intimidate the renters to do any of the forgoing actions with the intention of evicting a tenant. Moreover, a landlord cannot take hold of a tenant’s personal properties to recover rent. In case a landlord does any of these actions, the occupant has a valid cause of action against the landlord.
Invasion of Privacy And Quiet Enjoyment
A landlord has no right to meddle with a tenant’s quiet enjoyment of the rental home. Hence, a landlord must provide an occupant a 24-hour notice before accessing the residence unless there is an urgent situation. Moreover, the landlord should not take advantage of their right of entry to look over the premises, send packages or show the apartment to potential renters or buyers. In case the landlord violates the tenant’s right to quiet enjoyment of the rental unit, the occupant has a cause of action against the property owner.
The Tenant Acquired Injuries Caused By The Landlord’s Negligence
Usually, a property owner is not legally accountable for any problems that transpire on the rental unit since the landlord is not in charge of making the premises safe. But a landlord can be held responsible if the injury or damage happened in a common area, the tenant acquired an injury due to hidden defect the landlord are already aware of yet failed to forewarn the occupant, the landlord performed the chore of doing a repair but failed to finish the repair with due care or the property are chartered for public use.
Although the occupant can keep on paying rent in full and demand for money damages from the rental property owner to compensate the damages, other resolutions also exist. If the property no longer fits for human habitation, the renter can move out and end the lease. But the tenant also has the option to do the repairs and deduct the cost of restoration of the property from future rent.