What is the Implied Warranty of Habitability?

In Indiana, landlords have a duty to maintain a certain minimum level of care and upkeep to leased premises. No one wants to rent an apartment, only to discover the place is completely unlivable. The implied warranty of habitability is a backstop, working even if it is not included in the lease agreement, to protect renters in the event that specific conditions exist that mean the property cannot be lived in. It specifies that basic systems such as plumbing, electrical, and heating must be kept in good and safe working condition.

When the tenant takes possession of the property or apartment, it must be in a safe, clean, and habitable condition. This warranty is automatically included in every residential lease that is meant to be used as housing. Landlords cannot disclaim or include a waiver of this warranty, or if they do, the warranty will likely apply regardless. The goal of this is to ensure that a reasonable person could live on the property without a serious risk of injury or harm. Additionally, the property must be in compliance with all applicable health and housing codes, and the common areas must be kept clean. Even after giving possession of the property to the tenant, the landlord must still maintain the following systems, if they are provided at the time the lease was signed: electrical systems, plumbing systems, sanitary systems, HVAC systems, elevators, and certain other appliances.

These requirements do not force a landlord to provide pristine conditions, but a landlord must ensure the conditions do not pose a danger or prevent someone from living on the property. A landlord also has a reasonable time to repair anything that would trigger the implied warranty of habitability, with the time allowed being proportional to the time it would take to complete a repair.

If a landlord fails to deliver or maintain these minimum standards, then it might give a tenant a basis to sue under the implied warranty of habitability. Although the tenant is still on the hook to pay rent, they may be able to recover any costs incurred in finding an alternate place to live, or the cost of repairing the property, if the tenant repaired the property after waiting for the landlord to do so. A tenant can also sue to force the landlord to fix the violations of the warranty. While hopefully no one is ever in a place to need the implied warranty of habitability, it sits in the background of residential leases, serving as a safety net to ensure tenants can have a safe place to live.

If you have any questions about your rights as a tenant or need assistance with a landlord issue, please contact the attorneys at McNeelyLaw.