To put it in simple terms, a declared guarantee of residence is like any other guarantee, i.e. One person gives a guarantee to another person that the product or service in question will meet or fulfill certain standards. When the auto dealer gives the buyer a guarantee, for example, the dealer says that the car will work according to a certain standard, and if not, the dealer will be repaired at the price of the dealer.
In the right of the landlord-tenant, the landlord, regardless of whether he knows it or not, applies to a similar guarantee to the tenant each time he enters into a rental housing. For example, in California, a tenant rental guarantee exists in every residential sector, no matter where it is written for rent or not. How can it be? Because the law implies a guarantee regardless of whether its language contains a lease. In other words, the law imposes a guarantee - it writes it in invisible ink directly into each residential lease agreement. The courts will apply this implied warranty, even if the terms of the lease do not actually include it.
So what is the stated warranty of fitness for living? This is a guarantee, a promise, if you make the landlord to the landlord provided during the rental so that the rental property meets certain minimum living standards, that the rental is suitable for people’s lives and that the landlord will do the repairs at his expense if the rental falls below these standards during lease.
The statutes, which define the implied guarantee of habitability, contain a list of style requirements that must comply with the requirements of the lease. Thus, the stated warranty requires that residential rental property have:
1. Effective waterproofing and weather protection;
2. Water supply, which produces hot and cold running water and is connected to the sewage disposal system;
3. Plumbing, gas or electrical equipment in accordance with the code and in good working condition;
4. Adequate electric lighting, heating, natural lighting and ventilation;
5. Adequate sanitation, storage and disposal of garbage, no contamination, as well as the total area and grounds that are in sanitary condition;
6. Lack of general decay. Floors, stairs and railings must be maintained in good condition;
7. Lack of structural hazards, including damaged or inadequate foundations, floor supports, vertical supports, roof or horizontal supports;
8. Adequate and working toilet, bath or shower and kitchen sink;
9. Latch lock on all doors with sliding doors that extend at least 13/16 inches beyond the strike panel and into the door jamb;
10. Adequate means for exiting, extinguishing or extinguishing systems, as well as building, equipment, grounds and vegetation are properly maintained so as not to pose a risk to fire, health or safety;
11. No interference as the term is defined by law; and
12. At least one useful telephone jack and internal telephone wiring are kept in good working condition.
The rental of the property must comply with the proposed guarantee of fitness for residence at the time of the lease, and the landlord must repair all residual winds that make the property insolvent, except for conditions caused by the tenant. The tenant is also required to keep the condition of his part of the concessions clean and sanitary. The tenant must properly use all electrical, gas and plumbing fixtures. The tenant should also use residential, bedroom, kitchen and dining areas, as expected. If the tenant does not do this, the lessor is relieved of the obligation to repair.
If the tenant files a legitimate complaint in relation to one of the above categories, in order to effectively manage the rental, the landlord is required to correct the problem. However, it is also a good practice to keep all receipts for repairs and in writing to know the tenant that the condition has been properly repaired. I saw tenants raise the requirements for habitability in the conditions of compliance with the conditions that the landlord had previously repaired. If you are a landlord, you will want to prove that you have completed repairs that the complainant complains about.
Often, a tenant who foresees a problem with paying rent will begin to complain to you about the status of the concessions. The tenant may also file a complaint with the housing authority of the city. The tenant does this in order to prevent the landlord from filing an eviction lawsuit when an unavoidable non-payment of rent arises or to establish a violation of the declared guarantee of protection of habitability for any subsequent eviction action. The tenant may also file a complaint with the city in order to create a response against eviction if the landlord later tries to evict. Finally, the usual practice of a tenant is to complain about the condition of the property in order to justify blowing the lease term.
I recommend to clients that they respond to the tenant's complaint, repair and document if necessary. But always insist on renting; should not be associated with a notice within three days, file an eviction case or sue the tenant who refused the lease term only because the tenant filed property complaints. Experienced landlords constantly see the problem of habitability. We know how to handle this in court. (I will not argue, as in this article, because I do not want tenants to read it and better prepare their affairs). In my next article on the proposed guarantee of fitness for residence, I will write about the consequences for the landlord of the cancellation of the guarantee.
