At what point does something become a breach of warranty of habitability?
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At what point does something become a breach of warranty of habitability?
No heat except for a small electric heater for 3 months during winter with temps between 0-20; hot water pipe froze despite electric heater; 1 sewage pipe out (shared between 4 tenants caused constant backups). Also, the apartment was not up to code as far as the gas company was concerned; it red flagged entire building. vent-less heater was placed in apartment which I believe is against code.
Asked on March 12, 2012 under Real Estate Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is no hard and fast definition of when something violates the implied warranty of habitability. The warranty is violated when there is a condition which renders the premises not fit for its intended purposes--in this case, residence. The conditions you describe--a lack of heat save for a small electric heater in the Colorado winter, for example--would seem to violate the warranty. If the warranty has been violated, you may be entitled to terminate the lease without penalty (if the condition continues) or to seek monetary compensation for the period of time during which it was violated.
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