Constructive Eviction and the Implied Warranty of Habitability
ConstructiveEviction and the Implied Warranty of Habitability
ConstructiveEviction and the Implied Warranty of Habitability
Theelevated rates at which people prefer rental premises necessitateregulations to govern how property owners should relate to thetenants. Landlord-tenant law controls the policies of residential andcommercial property. The regulations encompass statutory rules thatare integrated with common law. Legal relationships between tenantsand landlords are based on both property and contract rules (Ahlen &Foster, 2014). Some of the most significant acts in this contextinclude the constructive eviction and the implied warranty ofhabitability. Steve, a tenant in Billy’s property, encounters somechallenges that include falling on the stairs and has to endure thechilling cold of the winter because the heater had malfunctioned. Inthis case, Steve is entitled to take some legal action against hislandlord because Bill knew about the stairway and had been informedthat the heater had broken down several months before.
Thesisstatement.Tenants can use constructive eviction when the property owner failsto provide necessary safety renovations on a property, andindividuals residing in the property can demand compensation from theproperty owner in case they sustain injuries attributed to lack ofmaintenance.
Actionsthat Steve can Take
Firstly,Steve should pursue the constructive eviction process. The policyrefers to a circumstance in which the landlord fails to accomplishhis or her legal obligations to provide either the necessary safetyservices or renovations on a property (Dyal-Chand, 2014). Forinstance, Bill’s failure to repair the faulty staircase and thebroken heater is viable for a constructive eviction. Tenants who aredriven out by the policy may end the lease and demand compensation.To sustain an action for reimbursement, Steve must prove that theuninhabitable conditions were as a result of Bill’s actions andthat he vacated the house within a reasonable time. Under thisprovision, Steve, who is affected by the constructive eviction,should claim all the legal remedies just like a tenant who was askedto leave. Therefore, he should apply the law and seek reparation forthe damages that he encountered in Bill’s house. For example, heshould seek compensation for the injured leg as well as reimbursementfor any health issues that he might have developed due to the coldweather.
Regardingthe faulty heater, Steve should refer to the implied warranty ofhabitability act. The warranty ensures that all residential housesfor leasing are fit and suitable for human habitation, as well asthey will remain in that state until the lease duration ends (Van &McGuire, 2013). According to Van and McGuire (2013), severalconditions may violate the implied warranty of habitability dependingon the state and a jurisdiction that the property is located. InSteve’s situation, the faulty heater violates the service contract.
Remediesto the Problems
Stevehas a number or remedies to the breach of contract. Firstly, he canmove out and terminate the lease because the landlord has failed tocorrect the fault for several months. Secondly, Steve can repair theheater and then deduct the cost from the following month’s rent. Thirdly, he can sue for the damages that he sustained due tonegligence to fix the property. Fourthly, Steve can sue Bill to forcehim to make the repairs. However, courts are less likely to utilizethe last option because it includes a costly supervision process toascertain that the repairs have been done (Van & McGuire, 2013).
Inconclusion, constructive eviction and the implied warranty ofhabitability serve to protect tenants from rental houses that mightbe hazardous. Constructive eviction outlines the actions an occupantmay take in case he sustains injuries due to a fault that thelandlord could have fixed. On the other hand, implied warranty ofhabitability ensures that all the rental premises are suitable forhuman occupancy. Tenants should be aware of these fundamentallandlord-tenant laws that offer humanly conditions in their premises.
References
Ahlen,J., & Foster, L. (2014). Uniform residential landlord-tenant law:Changes on the way. Probate and Property, 28(4), 21-24.Retrieved fromhttps://search.proquest.com/docview/1802749208?accountid=45049
Dyal-Chand,R. (2014). Pragmatism and post colonialism: Protecting non-owners inproperty law. American University Law Review, 63(6),1683-1748. Retrieved fromhttps://search.proquest.com/docview/1629661047?accountid=45049
Van,d. B., & McGuire, J. (2013). Elderly homeless veterans in LosAngeles: Chronicity and precipitants of homelessness. AmericanJournal of Public Health, 103(2), S232-S238. Retrieved fromhttps://search.proquest.com/docview/1468675643?accountid=45049
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