Rental properties can only be rented out, if there is an implied warranty of habitability. Very few landlords or property managers are aware of what the term actually means or how they can ascertain their properties meet the criteria.

Simply defined, an implied warranty of habitability means a landlord’s rental property is safe for habitation by human beings. However, certain factors determine habitability, they are as follows:

1. Known Property Hazards: When a landlord rents out his / her rental property, he / she is implying or certifying the accommodation is safe to live in. If it turns out, there are certain hazards a landlord or property manager failed to disclose to his / her tenants, they have sufficient grounds to file a breach of implied warranty of habitability.If, the property has lead paint, or the furnace is known to have a carbon monoxide leak, recurring plumbing issues or a dangerous hot water heater, facts that have not been disclosed to your tenants, then you may be held responsible for any mishaps that occur, as well as, for hiding the truth.
2. Are fixtures and fittings in proper working order? Most states require landlords/property managers to provide working restroom facilities in rental dwellings, which may be extended to fixtures, such as, sinks and bathtubs that work properly. In case, there are issues with your rental property that have not been disclosed or fixed, it may not be considered fit for occupancy.
3. The building should be structurally sound. If a rental building suffers from termite infestation or has suffered other structural damage, it cannot be considered habitable. A building with holes in exterior walls, or damaged ceilings or floors, or improper protection from weather elements, or a faulty leaking roof, is not to be considered a habitable.
4. Does the building have recurring problems? Buildings that have frequent issues, such as, plumbing problems posing health hazards may be considered a breach of a landlord’s implied warranty of habitability. Prompt repair or replacement of frequent problems is the best course of action for any landlord, as it will result in considerable cost saving in the long run.

While, so many restrictions may be irksome, they are there for protecting tenants, who otherwise would be the victims of disreputable landlords. In numerous instances, due to landlord negligence, tenants have been forced to live in slum like conditions on properties that should have been condemned.

Landlords and property managers, whether reputable or not, should all be aware of the implications of the implied warranty of habitability. The best and only way to protect one from unwarranted claims of habitability violations is by examining and documenting the condition of your rental property, photographing / video-taping and making notes of any existing problems.

In addition, hire an inspector to inspect your rental property. You may have to pay extra for the inspection and to fix any problems that come to light, but it is far better than to force sub-standard living conditions on to unwitting tenants, which may later lead to possible litigation.

Further, what is as important is selecting suitable tenants for your property. Getting relevant information on rental application forms will assist you in screening prospective tenants for your property, tenants who will respect, maintain and limit damage to only wear and tear of your property.

by Joan Ging

Since 1946 the Carnahan name has had a reputation for honest and ethical Real Estate Property Management services in the San Fernando Valley, Santa Clarita Valley, Burbank/Glendale, Los Angeles, Westside and Conejo Valley areas.

The reason for our success is helping owners like you when they need it. Below is a partial list of property management services we provide to help you protect your real estate investment.

• Tenant placement
• Tenant screening (including: credit check, landlord and employment verification, social security trace report, California eviction check and criminal check)
• Regular property inspections
• Accounting and landlord bill payment
• Monthly financial reporting
• Maintenance service and supervision (we use only proven independent vendors)
• Collections
• Evictions
• We supply all the necessary forms to meet California’s Landlord/Tenant laws
• 24 hour emergency phone service
• Advertising to the broadest tenant base possible

Call or e-mail us today for more information. We’re ready to get started!

Carnahan Property Management services Woodland Hills,West Hills, Calabasas, Canoga Park, Tarzana, Reseda, Topanga, Encino, Northridge, Van Nuys,North Hills,Chatsworth, Sherman Oaks, Studio City, North Hollywood, West Hollywood, San Fernando Valley, Granada Hills, Mission Hills, Simi Valley, West Lake Village, Agoura,Toluca Lake, Valley Village, Burbank. Call us at (818) 884-1500 and check if we can service your area.