By Helene Lesel
Q: My daughter leased a place that needed a lot of work, but she agreed to take it "as is" and waive her rights to further repairs. Is that allowed?A: Generally not, since one cannot sign away any legal right, including a tenant's right to a warranty or implied warranty of habitability.
What is habitability? Basically, it means "fit to be lived in." The "warranty" or "implied warranty" part of the phrase simply means "guaranteed." For rental units that usually means a safe, livable and sanitary environment. Some states or localities have very detailed list of standards, some virtually none.
In California, state law (CC 1941-1942) offers a typical laundry list of rental habitability requirements, including:
- Buildings and grounds kept free of trash, rodents and other pests.
- Floors, stairways and railways maintained in good repair.
- Adequate containers for garbage and rubbish.
- Effective weather protection and waterproofing of the roof and outside walls, including unbroken windows and doors.
- Safe and adequate heating.
- Plumbing, electricity and gas facilities in good working order.
- Electrical lighting and equipment (i.e., power plugs) that conforms to the applicable law at time of installation and maintained in good working order.
- Adequate hot and cold running water that is properly drained off-site.
Some cities plunge even deeper in detail. In San Francisco, according to Housing Code 701 (c) "the landlord must provide heat capable of maintaining room temperature of 68 degrees Fahrenheit at a point 3 feet above the floor, based upon an exterior temperature of 35 degrees Fahrenheit."
Nationwide, guaranteed habitability rules affect a myriad of issues from vermin to larger intruders. In New York for example, buildings are required to have automatic self-closing and locking doors at all entrances. Applying to any property built or converted to apartments after Jan. 1, 1968, and over seven units, the law goes on to require a two-way voice intercom system from each apartment complete with buzzer system for entry. For pre-1968 units, a majority vote of tenants can request a system, but the landlord is allowed to charge tenants for the cost of the system. Buildings are also required to have an interior mirror in all self-service elevators to allow folks a view of the inside before stepping inside.
In most states, the landlord is required to keep the unit habitable at all times. Even if someone knows a unit is below code when they moved in, regardless of any conflicting lease provision, they usually have the right to demand it be brought up to habitable standards.
Not sure of your rights? Start at the state level, since that usually offers the broadest base of tenant law. State links through the Housing and Urban Development Web site (www.hud.gov) should shed some light on where to turn.
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