Tenants have the right to a safe and habitable home, no matter how little rent they pay. A “habitable home” means that the rental meets minimum living requirements, including a roof that does not leak rain, enough ventilation, solid floors and walls, protection from serious environmental hazards, and reasonable security against crime. In Chukwuma & Ors v. Awon, the court held that landlords owe a duty of care to their tenants on their living environment being habitable.

This is what’s referred to as the “implied warranty of habitability,” and it’s a legal principle that says in renting out a property, landlords implicitly guarantee the tenant that the property is liveable. This warranty is not dependent on a written agreement or express terms in the lease; it’s an implied responsibility of the landlord.

The Implied Warranty of Habitability

Landlords are typically required to maintain the rental property in a habitable condition. This responsibility involves many aspects of the landlord’s obligations, such as:
Structural safety of the building
Clean and safe hallways and stairways
Electrical, plumbing and sanitary systems and elevators in safe operation
Known environmental hazards that could cause serious threats to be eradicated
Taking reasonable steps to prevent criminal intrusions that could be foreseen

Landlord Liability for Injuries

Landlords may also be liable for injuries arising from the following:
1. Hidden defects in the premises
2. Defects in common areas
3. Public use of the premises hazards
4. Defects in furnished short-term rentals
5. Negligent repair
6. Failure to repair premises when there is a legal obligation to do so

Waiver of Tenant’s Right to a Habitable Premises

The right of a tenant to a habitable living area cannot be waived. Landlords cannot, at the inception of a tenancy, avoid their obligations by agreement. The courts do not acknowledge attempts to do so as a waiver.

Breach of the Implied Warranty of Habitability

A breach occurs when, through a landlord’s negligence or inaction, conditions are caused that would reasonably be considered to threaten the health or safety of a tenant. However, a breach does not occur for minor damages that do not affect health or safety. These problems may be inconvenient, but they do not make the property uninhabitable.

Landlord’s Obligation to Repair

Landlords usually have a statutory or contractual obligation to repair the rental property. And where there is no duty to repair, a landlord may be found liable when repairs made turn out to be acts of negligence and pose additional hazard.

Tenant Remedies for Breach of Habitability

Failure on the part of the landlord to provide a suitable living environment gives rise to legal rights for the tenant. The reasonable cost of repairs may be paid by a tenant and cost deducted from the rent with the consent of the landlord. In Bocas Nigeria Ltd v. WEMABOD Estates Ltd, the court held that under certain conditions, the tenant is entitled to recover the cost of repairs in an action. The conditions are as follows:
1. The landlord received notice of the defect that called for repair.
2. The landlord was given reasonable time to make the repair.
3. The repair made by the tenant was of good quality
4. The amount that was spent to make the repair was reasonable.

Tenant can also sue landlord based on the breach of implied warranty of habitability
Landlords must maintain their house in a habitable condition; there are specific legal rights that may be enforced by tenants against landlords once the living conditions of a house become uninhabitable. In that case, a tenant who suffers from such uninhabitable conditions may seek various legal remedies under the law.

 

This article provides a general overview of the subject. Please contact us directly for any specific legal assistance required.