Every lease has an implied warranty of habilitability, and an implied warranty of quiet use and enjoyment.
Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.
These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction"
So the tenant can give the landlord the opportunity to cure the issue by a certain specified date; if they fail to do so then the tenant may terminate the lease based on constructive eviction; it is important to have everything documented so the courts will not find that the tenant unjustly terminated the lease.
Further questions? Please post here to continue the chat.
Satisfied? Kindly rate positively so I receive credit for assisting you.
(no additional charges are incurred).
Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.