Implied Warranty of Habitability
In many states, courts recognize an implied warranty of habitability in residential leases. An express warranty is a warranty or guarantee that is specifically stated, whether written (in the lease agreement) or spoken by the landlord to the tenant. In contrast, an implied warranty is a warranty that is not written or spoken but is implied by law.
The implied warranty of habitability generally requires the landlord to maintain the leased premises in a livable condition of basic living and safety standards—including hot water, drinkable (potable) water, heat, electricity, gas, ventilation, smoke detectors, locks, working bathroom and toilet, removal of insects and rodents, and compliance with local building codes.
The implied warranty of habitability may require a landlord to make repairs and provide basic living conditions even if the lease agreement does not obligate the landlord to make repairs.
Implied Warranty of Quiet Enjoyment
In many states, courts recognize a landlord's implied warranty or covenant (promise) of quiet enjoyment in a residential lease agreement. The implied warranty or covenant of quiet enjoyment generally requires the landlord to prevent unreasonable and unexpected noise and other disturbances that might prevent the tenant from enjoying the peace and quiet of the leased premises. The implied warranty or covenant of quiet enjoyment is often referred to as the tenant's right to quiet enjoyment.
Some states—such as California—have specifically stated in their statutes (laws enacted by the state legislature) that every residential lease agreement includes an implied covenant of quiet enjoyment. City and municipal codes and ordinances may also provide for an implied covenant of quiet enjoyment. And some residential lease agreements include an express (stated) covenant of quiet enjoyment.
Quiet enjoyment can be difficult to define due to the great variations in residential living in the United States. A tenant who leases an apartment on a busy street or bar district in a large city cannot reasonably have the same expectation of quiet as a tenant who leases a home in the countryside.
But there are some disturbances that a tenant could not reasonably anticipate and should not have to suffer. Some examples of disturbances that may interfere with a tenant’s right to quiet enjoyment include:
• Ongoing or recurring disruptive noises or behaviors from neighbors, such as loud music, barking dogs, late-night parties (if the landlord won’t stop them), or loud domestic arguments from neighboring apartments
• A landlord entering the leased premises too often, unnecessarily, or without proper notice
• Unnecessary, ongoing, and previously undisclosed construction, improvements, upgrades, or maintenance work that continues much longer than initially stated
• A landlord harassing a tenant or a tenant’s guest in person or by phone
• Cockroaches, rats, or other pests or vermin living in the walls and making audible noises
In contrast with these recurring or ongoing nuisances or disturbances that may breach the landlord’s implied warranty or covenant of quiet enjoyment, reasonable or one-time disturbances that don’t necessarily breach the landlord’s implied warranty or covenant of quiet enjoyment include:
• emergency maintenance or repairs in the leased premises
• scheduled maintenance or repairs or upgrades completed in the leased premises when the landlord provides the proper notice that it or its representative will be in the leased premises for this purpose
• upstairs or adjoining neighbors walking around, talking, laughing, watching television, listening to music, or having friends or family over at reasonable times and noise levels
• a neighbor’s smoke alarm going off when cooking dinner
• the landlord regularly calling or knocking on the door to collect past due rent
• routine inspections upon proper notice, as provided in the lease agreement
• reasonable noise levels from community members and guests gathering at a community swimming pool, basketball court, or other activity in the common areas of the leased premises.
In Texas, the implied warranty of habitability is recognized and requires landlords to provide rental properties that are safe and suitable for living. This means that landlords must ensure that essential services like hot water, heat, electricity are provided and that the property is kept free from pests and in compliance with building codes. Texas law mandates that landlords must repair any conditions that materially affect the physical health or safety of an ordinary tenant. However, unless the need for repair is due to normal wear and tear, the landlord may not be responsible if the tenant has not fulfilled their obligations, such as paying rent or informing the landlord of the issue in a timely manner. As for the implied warranty of quiet enjoyment, Texas tenants are entitled to the peaceful enjoyment of their premises. This means they should not be subjected to unreasonable disturbances from landlords or other sources that the landlord can control. While the warranty does not protect against all disturbances, such as emergency repairs or routine maintenance, it does protect tenants from persistent issues that interfere with their right to use and enjoy the rented property.
