Lesson 2: Who is responsible for fixing the issue?
If a rental home becomes unsafe to live in, the Warranty of Habitability law might require the landlord to fix the issue and make the rental home safe to live in again. There are a few situations where the landlord is NOT responsible for fixing the issue.
Landlords may NOT be responsible for fixing the issue if:
- The issue was caused by the renter
- This includes anyone who lives with the renter and the renter’s guests or visitors
- This does NOT apply if the issue was caused by domestic violence, unlawful sexual behavior, or stalking
- The issue is outside the renter’s unit (like in a common area) and does not affect the renter’s unit
- The renter prevented the landlord (or anyone else) from repairing the issue
- The issue is caused by someone who is not a renter or employee of the landlord, the landlord has reasonably tried to fix the issue and is unable to fix it for reasons beyond the landlord’s control. In this case, the renter's only option is to end their lease. Learn more in Lesson 7.
- The renter lives in a single-family home and has a signed written agreement with the landlord separate from the lease that requires the renter to make specific repairs or remodeling