Legal Definitions - habitable

Definition: A habitable residence is a place where people can live safely and comfortably without any serious defects that may pose a risk to their health and safety. Landlords are required by law to provide habitable premises and maintain them. The definition of a habitable dwelling may vary from state to state, but all agree that basic services such as adequate heat, hot water, and plumbing, as well as a sound structure that does not pose unreasonable safety risks, are required in every rental.

Example: If a tenant rents an apartment and the plumbing is not working, the apartment is not habitable. The landlord must fix the plumbing to make the apartment habitable.

Explanation: This example illustrates that a habitable residence must have basic services such as plumbing. If the plumbing is not working, it poses a risk to the tenant's health and safety, making the apartment uninhabitable. The landlord has a legal obligation to fix the plumbing to make the apartment habitable.

Example: If a tenant rents a house and the roof is leaking, the house is not habitable. The landlord must fix the roof to make the house habitable.

Explanation: This example illustrates that a habitable residence must have a sound structure that does not pose unreasonable safety risks. If the roof is leaking, it poses a risk to the tenant's health and safety, making the house uninhabitable. The landlord has a legal obligation to fix the roof to make the house habitable.

Example: If a tenant rents a basement apartment and there is no heat, the apartment is not habitable. The landlord must provide heat to make the apartment habitable.

Explanation: This example illustrates that a habitable residence must have basic services such as adequate heat. If there is no heat, it poses a risk to the tenant's health and safety, making the apartment uninhabitable. The landlord has a legal obligation to provide heat to make the apartment habitable.

Conclusion: A habitable residence is a place where people can live safely and comfortably without any serious defects that may pose a risk to their health and safety. Landlords have a legal obligation to provide habitable premises and maintain them. If a residence is not habitable, tenants have various remedies, such as rent withholding, repair and deduct, and legal action, to ensure that their residence is made habitable.