What is a Warranty of Habitability?
Full Question:
Answer:
In general, a warranty of habitability requires landlords to maintain safe and sanitary housing fit for human habitation. The warranty of provides protection against those conditions that materially affect the health and safety of the tenants or those deficiencies that, in the eyes of a reasonable person, deprive a tenant of those essential functions which a residence is expected to provide. Electricity and gas services are considered part of the implied warranty of habitability in a lease. Abnormal conduct or use by the tenant may void this warranty. "Habitability," for purposes of a landlord's warranty of habitability is not the same as no risk of harm. An apartment can provide adequate shelter and amenities, as promised, and still be a place which presents some risk.
This warranty is implied into all leases and generally requires the landlord to deliver livable quarters at the tenancy's inception and to maintain the premises in a habitable condition throughout the term, and conditions the tenant's covenant to pay rent on the habitable condition of the premises. A landlord is required to make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. To constitute a breach of the warranty, the defect complained of must be shown to be of a nature and kind which will prevent the use of the dwelling for its intended purpose to provide premises fit for habitation by its dwellers.
The warranty of habitability is not intended to make the landlord a guarantor of every amenity customarily rendered in the landlord-tenant relationship, but only provides protection against those conditions that materially affect the health and safety of the tenants or those deficiencies that, in the eyes of a reasonable person, deprive a tenant of those essential functions which a residence is expected to provide. "Habitability," for purposes of a landlord's warranty of habitability is not the same as no risk of harm. An apartment can provide adequate shelter and amenities, as promised, and still be a place which presents some risk.
Factors to be considered in determining whether a condition or defect constitutes an actionable breach of the warranty include:
(1) whether the condition violates a housing law, regulation, or ordinance;
(2) the nature and seriousness of the defect;
(3) the effect of the defect on safety and sanitation;
(4) the length of time the condition has persisted; and
(5) the age of the structure. Lack of hot water or door locks may constitute a breach of the warranty of habitability.
A condition which may endanger or materially impair the health or safety and well-being of an occupant is sufficient to violate the warranty of habitability. Factors aiding a court's determination of the materiality of a landlord's alleged breach of a residential lease include:
(1) the seriousness of the claimed defects and their effect on the dwelling's habitability
(2) the length of time the defects persist,
(3) whether the landlord received written or oral notice of the defects,
(4) whether the residence could be made habitable within a reasonable time, and
(5) whether the defects resulted from abnormal conduct or use by the tenant.
Additionally, to assert a breach of the implied warranty of habitability except where otherwise provided by statute, the tenant must prove that he or she gave notice to the landlord of the defect or condition, that the landlord had a reasonable opportunity to make the necessary repairs, and that he or she failed to do so.
According to the Massachusetts Office of Consumer Affairs and Business Regulation, landlords must provide a safe and habitable living environment for the entire tenancy in accordance with the minimum standards of the State Sanitary Code, which is enforced by the local Boards of Health (or in Boston, the Housing Inspection Department). Landlords may require tenants to pay their own electricity and gas bills, but must include this obligation in a written tenancy agreement. Otherwise, the landlord may later be charged with paying past utility bills, if the tenant refuses to pay, despite having verbally agreed to pay them. Specifically, the landlord must provide a heating system for each apartment or one system that services all apartments in good working order. The landlord must pay for the fuel to provide heat and hot water and electricity unless the written rental agreement states that the tenant must pay for such services. When a landlord fails to maintain a dwelling in habitable condition, a tenant may properly withhold a portion of the rent from the date the landlord has notice of this breach of warrant of habitability if he or she meets certain requirements.
Please see the information at the following links:
http://www.lawlib.state.ma.us/landlord.html
http://www.mass.gov/?pageID=ocasubtopic
http://www.mass.gov/?pageID=ocaterminala
http://www.mass.gov/?pageID=cagoterminal
Generally, where the roommate is not named and has not signed the lease, the roommate is considered a subtenant and pays his/her portion of the rent to the named tenant on the lease, who stands in the position of landlord to the subtenant and who is responsible for the full amount of the rent to the primary landlord.
It will be a matter of determination for the court, based on all the facts and circumstances involved. Some of the factors that may be considered, among others, include whether you paid rent to the other tenants or had an agreement to pay rent directly to the landlord, and the terms contained in the lease. For example, the lease may state that any individual named on the lease is jointly and severally liable. Even without such a statement, a court may find that joint and several liability exists, so that any one person could be liable for the full amount and need to seek contribution from the others in a separate action. In the case of oral agreements, it is often one person's word against the other's
The following are Massachusetts statutes:
G.L.c. 186, § 14. Wrongful acts of lessor or landlord of buildings or
premises occupied for dwelling or residential purposes; criminal
penalties; civil remedies; jurisdiction; sections applicable to acts of
reprisal, waiver in leases or rental agreements prohibited.
Section 14. Any lessor or landlord of any building or part thereof
occupied for dwelling purposes, other than a room or rooms in a hotel,
but including a manufactured home or land therefor, who is required by
law or by the express or implied terms of any contract or lease or
tenancy at will to furnish water, hot water, heat, light, power, gas,
elevator service, telephone service, janitor service or refrigeration
service to any occupant of such building or part thereof, who willfully
or intentionally fails to furnish such water, hot water, heat, light,
power, gas, elevator service, telephone service, janitor service or
refrigeration service at any time when the same is necessary to the
proper or customary use of such building or part thereof, or any lessor or
landlord who directly or indirectly interferes with the furnishing by
another of such utilities or services, or who transfers the
responsibility for payment for any utility services to the occupant
without his knowledge or consent, or any lessor or landlord who directly
or indirectly interferes with the quiet enjoyment of any residential
premises by the occupant, or who attempts to regain possession of such
premises by force without benefit of judicial process, shall be punished
by a fine of not less than twenty-five dollars nor more than three
hundred dollars, or by imprisonment for not more than six months. Any
person who commits any act in violation of this section shall also be
liable for actual and consequential damages or three month's rent,
whichever is greater, and the costs of the action, including a reasonable
attorney's fee, all of which may be applied in setoff to or in recoupment
against any claim for rent owed or owing. The superior and district
courts shall have jurisdiction in equity to restrain violations of this
section. The provisions of section eighteen of chapter one hundred and
eighty-six and section two A of chapter two hundred and thirty-nine shall
apply to any act taken as a reprisal against any person for reporting or
proceeding against violations of this section. Any waiver of this
provision in any lease or other rental agreement, except with respect to
any restriction on the provision of a service specified in this section
imposed by the United States or any agency thereof or the commonwealth or
any agency or political subdivision thereof and not resulting from the
acts or omissions of the landlord or lessor, and except for interruptions
of any specified service during the time required to perform necessary
repairs to apparatus necessary for the delivery of said service or
interruptions resulting from natural causes beyond the control of the
lessor or landlord, shall be void and unenforceable.
G.L.c. 186, § 15. Provisions of lease or rental agreement pertaining to
non-liability of landlord.
Section 15. Any provision of a lease or other rental agreement
relating to real property whereby a lessee or tenant enters into a
covenant, agreement or contract, by the use of any words whatsoever,
the effect of which is to indemnity the lessor or landlord or hold the
lessor or landlord harmless, or preclude or exonerate the lessor or
landlord from any or all liability to the lessee or tenant, or to any
other person, for any injury, loss, damage or liability arising from any
omission, fault, negligence or other misconduct of the lessor or
landlord on or about the leased or rented premises or on or about any
elevators, stairways, hallways or other appurtenance used in connection
therewith, shall be deemed to be against public policy and void.
G.L.c. 186, § 15F. Certain provisions of lease or rental agreement
relating to residential real property as to litigation and liability of
landlord deemed void; remedies of tenant.
Section 15F. Any provision of a lease or other rental agreement
relating to residential real property whereby the tenant agrees to
waive his right to trial by jury in any subsequent litigation with the
landlord, or agrees that no action or failure to act by the landlord
shall be construed as a constructive eviction, shall be deemed to be
against public policy and void.
If a tenant is removed from the premises or excluded therefrom by
the landlord or his agent except pursuant to a valid court order, the
tenant may recover possession or terminate the rental agreement and,
in either case, recover three months' rent or three times the damages
sustained by him, and the cost of suit, including reasonable attorney's
fees.
Any agreement or understanding between a landlord and a tenant
which purports to exempt the landlord from any liability imposed by
this section shall be deemed to be against public policy and void.
G.L.c. 186, § 18. Reprisal for reporting violations of law or for
tenant's union activity;damages and costs; notice of termination,
presumption; waiver in leases or other rental agreements prohibited.
Section 18. Any person or agent thereof who threatens to or takes
reprisals against any tenant of residential premises for the tenant's act
of, commencing, proceeding with, or obtaining relief in any judicial or
administrative action the purpose of which action is to obtain damages
under, or otherwise enforce, any federal, state or local law,
regulation, by-law or ordinance, which has as its objective the
regulation of residential premises; or exercising the tenant's rights
pursuant to section one hundred and twenty-four D of chapter one hundred
and sixty-four; or reporting to the board of health or, in the city of
Boston to the commissioner of housing inspection or to any other board
having as its objective the regulation of residential premises a
violation or a suspected violation of any health or building code or of
any other municipal by-law or ordinance, or state or federal law or
regulation which has as its objective the regulation of residential
premises; or reporting or complaining of such violation or suspected
violation in writing to the landlord or to the agent of the landlord; or
for organizing or joining a tenants' union or similar organization, or
for making or expressing an intention to make, a payment of rent to an
organization of unit owners pursuant to paragraph (c) of section six of
chapter one hundred and eighty-three A shall be liable for damages which
shall not be less than one month's rent or more than three month's rent,
or the actual damages sustained by the tenant, whichever is greater, and
the costs of the suit, including a reasonable attorney's fee.
The receipt of any notice of termination of tenancy, except for
nonpayment of rent, or, of increase in rent, or, of any substantial
alteration in the terms of tenancy within six months after the tenant
has commenced, proceeded with, or obtained relief in such action,
exercised such rights, made such report or complaint, or organized or
joined such tenants' union or within six months after any other person
has taken such action or actions on behalf of the tenant or in, or
relating to, the building in which the tenant resides, shall create a
rebuttable presumption that such notice or other action is a reprisal
against the tenant for engaging in such activities. Such presumption
shall be rebutted only by clear and convincing evidence that such
person's action was not a reprisal against the tenant and that such
person had sufficient independent justification for taking such action,
and would have in fact taken such action, in the same manner and at
the same time the action was taken, regardless of tenants engaging
in, or the belief that tenants had engaged in, activities protected
under this section.
Any waiver of this provision in any lease or other rental agreement
shall be void and unenforceable.
