When is a building deemed uninhabitable?
The rules vary by state, but generally, a property is considered legally uninhabitable if it violates the building code or if it’s not safe to live in — for example, if it’s structurally unsound or lacks reliable heat, plumbing or electricity.
Other factors that may render a building uninhabitable include mold, a leaky roof or pipes, no hot water in winter, unsafe elevators or a pest infestation.
In most jurisdictions, when you sign a residential lease, you have an implied warranty of habitability, meaning your landlord is legally required to keep the property in compliance with local housing codes — even if this isn’t explicitly stated in the lease.
If your landlord doesn’t comply, you may be able to withhold rent to pressure them to make repairs. And in most cases, they’re not allowed to evict you for reporting code violations.
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Learn MoreWhat to do if your home becomes unlivable
If you find yourself in this situation, start by reviewing your lease to determine who’s responsible for the repairs. (Tenants are typically responsible for minor fixes, such as replacing light bulbs). If the issue affects habitability — or if the lease explicitly states that it’s the landlord’s responsibility — report it to them immediately.
Many buildings have a formal maintenance report process, such as an online requisition form. Always keep a copy of your request. Also, take date-stamped photos or videos of the issue to support your claim.
Document everything: if you make a verbal request, record the date and time, and follow up with a written letter confirming that the request was made. Keep a copy of that letter too. There are plenty of templates available online to help you draft one. For added proof, consider sending the letter via certified or registered mail.
Continue to track all correspondence and monitor any changes to the issue — for example, if a ceiling leak worsens or mold spreads.
Consider holding back rent, getting legal help or leaving
Most jurisdictions give landlords a set period to complete necessary repairs. Be sure to ask how and when the issue will be resolved. While you wait, you may be able to negotiate a temporary rent reduction.
If your landlord doesn’t respond or fix the issue, contact your local housing authority. Depending on the local laws, you may be allowed to withhold rent or make the repair yourself and deduct the cost from your rent.
If nothing changes, you might need legal assistance — or even consider moving out. If the situation poses a risk to your health, you may be able to leave without giving notice. Just be sure to confirm your rights with your local housing authority before doing so.
Legal action or relocating can be costly, so having an emergency fund that covers three to six months of expenses can make a big difference. Renters insurance might also help — while it usually doesn’t cover landlord negligence, it may cover temporary living expenses if your home becomes uninhabitable due to fire or natural disaster.
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