Habitability Claims

Owners and tenants all agree that a property leased for human habitation should be … habitable. And yet, many people have different opinions on what exactly that term meant to define. You might have a strong opinion about it too, especially if it is about your property or the place you rent to live in, but from the legal perspective, it means first and foremost that the legally required housing characteristics of a residential housing are satisfied. In general, the property does not have to be over-developed or “golden-plated,” but it has to have its systems functioning, and it should not pose a health or safety risk to its occupants, subject to a few exceptions (for example, if the occupants create those health or safety risks themselves, or prevent the owner from fixing the problem).  Whether it is a non-function housing system or service, a pest issue, or a toxic exposure, don’t give up your rights without first consulting with an attorney. Don’t wait for that consultation for too long either—most claims have a “shelf life” or what is formally called a “statute of limitations” that defines for how long after the injury the claim remains valid or “actionable.” The sooner you learn about your rights and obligations, the better.

Alex Volkov litigates habitability claims, and often finds those cases very nuanced in their facts and highly technical on application of laws and regulations. If you’re facing habitability issues as a tenant, or need guidance as a landlord, contact Alex Volkov to see if he might be able to offer an insight on your particular situation.

As a distinctive category of habitability claims, the instances of mold infestation deserve to be specifically mentioned and cautioned about. It is not the kind of injury that is routinely litigated, and some practitioners are discouraged from getting involved in the “mold” disputes for a variety of reasons. Not so here. The mold might not lead to an easy dispute that resolves quickly, but when the facts of the injury warrant the needed effort, it usually brings the results. Don’t let the complexity of the bits and pieces involved in your fact pattern to discourage you from at least a chance to “run” your story by Alex Volkov. You might be surprised to learn of the potential solutions that are available.