Extreme weather might make renters feel uneasy in their rental. Learn about the responsibilities of a landlord when it comes to air quality and unsafe temperatures.
What you will discover:
What causes rental property to become uninhabitable?
Is it mandatory for landlords to supply both heating and cooling?
Are landlords accountable for accidents caused by unusually severe weather?
Are landlords liable for poor indoor air quality?
Table of Contents
What causes rental property to become uninhabitable?
Habitability often indicates that basic health and safety requirements have been satisfied. The following are examples of unsafe living conditions:
Rain and snow are not kept out.
Wind shielding is inadequate.
High temperatures.
Asbestos, lead, and mold are all potential health dangers.
Problems with the structure, such as decaying ceilings or flooring.
Locks or other precautions on doors or windows that do not work.
A landlord must take reasonable efforts to avoid or cure these concerns, such as doing regular maintenance, responding to tenant complaints, and conducting reasonable inspections. In the absence of their own maintenance employees, many landlords sign into a Maintenance Contract with a contractor or handyman.
In most cases, landlords bear minimal liability for an undetected issue. For example, if a tenant complains to the housing authority about a lack of heat without informing the landlord, the landlord may merely be required to repair the heat without suffering fines. Landlords may ask tenants to report repairs or concerns in the form of a Tenant Maintenance Request, or they may utilize this form to log incoming requests.
Of course, a landlord will want to detect issues as soon as possible in order to save money on repairs or minimize tenant complaints. This necessitates proactive inspections. Annual inspections, quarterly inspections, or even monthly walkthroughs to assess and replace items such as air filters are common procedures. There may be no limitations on how often inspections may occur depending on the jurisdiction, however too frequent inspections may be deemed inappropriate under the law or the lease. A Landlord’s Notice to Enter is frequently necessary as well.
Is it mandatory for landlords to supply both heating and cooling?
In most areas, landlords are merely required to supply heating. Local ordinances often specify a minimum temperature that must be maintained. For example, in New York City, the heating system must maintain 68 degrees during the day and 62 degrees at night when the ambient temperature is below 55 degrees.
Cooling is seldom required by law, however it may be included as an amenity in the Lease Agreement. A landlord must generally keep any facilities given in a Lease Agreement, including air conditioning, in good order. Cooling is required by several state and municipal legislation. In Arizona, for example, if the unit has an installed air conditioner, the landlord is required to maintain it. An rule in Houston compels air conditioners to chill 20 degrees below the outdoor temperature.
In locations with moderate summers, it is relatively uncommon for flats to lack air conditioners, with some leases even prohibiting window units. This is the case in Portland, Oregon, however after a recent heatwave, many local lawyers believe the no air conditioner clause may be invalid when air conditioning is the only option to keep inside temperatures safe.
Are landlords accountable for accidents caused by unusually severe weather?
Landlords owe their renters a reasonable responsibility of care. This entails taking reasonable measures to correct problems in a fair period of time. However, the weather may alter what is reasonable. Heating repairs, for example, are more important when the temperature is below freezing than when it is 60 degrees outdoors. Furthermore, if an unresolved problem exists, harsh weather may be regarded a reasonably foreseeable danger, and the landlord may be held accountable for damage caused by the weather.
At the same time, unusual or severe weather conditions may minimize a landlord’s liability. Extreme weather, for example, overloads many heating and cooling systems, forcing contractors to be swamped with maintenance requests and new installations. Problems and delays that are beyond the landlord’s control may be found to be an act of God rather than carelessness on the landlord’s part.
Are landlords liable for poor indoor air quality?
Landlords are often only partially responsible for interior air quality. Local legislation may include ventilation requirements such as operable windows or screens. In certain cases, landlords may be required by law to remove mold, asbestos, lead paint, or other allergens.
Natural calamities, such as wildfires, may have an impact on interior air quality but are often outside the landlord’s control. For wildfire smoke, the landlord’s primary obligation is to ensure that windows and doors are properly sealed, HVAC air filters are in good working condition, and there are no leaks in the residence. The landlord may also provide renters particular instructions, such as how to switch off the HVAC system’s exterior air exchange function.
