Causes of Action
It is the property owners' responsibility to fix wear and tear in rental houses to make sure they are habitable. According to the implied warranty of habitability included in the lease, they are legally liable to ensure their property is fit, safe, and suitable for human habitation ( Barroso, 2018). It requires them to provide heat during cold weather, working sewerage systems, smoke detectors, drinkable water, working electricity, and compliance with building codes. In the case study, Billy did not comply with the implied warranty of habitability. His house had a faulty staircase, which is a health hazard according to the building codes of all states. It does not comply with the standards for building construction, making it unsafe and unsuitable for human habitation. Making matters worse, he intentionally ignored repairing it, causing his tenant to injure himself on it. The house also lacks a working heater, which is mandatory provision during winter according to the implied warranty of habitability. Again, Billy was aware of this problem and did not fix it deliberately, exposing Steve to cold and possible hypothermia.
Additionally, Billy violates the Covenant of Quite Enjoyment, which requires landlords to ensure peace in the premises during the lease period. His failure to fix the staircase and the water heater interferes with Billy's use and enjoyment of the property ( Hatch, 2017). Moreover, they caused him physical harm and exposed him to other health problems that could be detrimental. The law allows tenants to sue landlords who violate the implied warranty of habitability and the Covenant of Quite Enjoyment. It also allows them to terminate the lease prematurely without incurring any consequences.
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In this case, Steve has the option of suing Billy for the damages he incurred after injuring his leg on the faulty stair. Legally, the landlord is liable for any harm tenants experience during their stay in the property as a result of the failure to adhere to the lease terms ( Barroso, 2018). Billy is guilty of ignoring the substantial physical defects in the house despite having adequate time to fix them. Therefore, he should compensate Steve for the pain, discomfort, and cost he incurred after injuring his leg. The victim could file for the property owner to pay all his medical bills from the injury and pay him for the inconveniences resulting from the incident. He could also choose not to pay rent for that month and use the money to pay for the repairs instead or withhold it until the repairs are made. Also, Steve could terminate the lease and move out to a new building that complies with the legal and safety requirements.
Remedies for the Faulty Heater
Fixing the faulty heater may require a professional heating technician. The problem could be in the electrical connection or plumbing system requiring fixing or replacement. First, the person should check if the problem is resulting from minor issues such as thermostat failure or filters. Fixing this can be as simple as replacing the faulty parts. However, some complicated cases may require replacing the entire heating system.
While Steve waits for the faulty heater to be fixed, he could buy portable heaters to warm the house. These devices are widely available in stores at affordable prices and can provide relief during winter. One of their main advantages is that they are portable, and one can carry them to any part of the house as needed. Besides, they are a valuable investment that can be taken while moving houses. Another option is for Steve to light a fire in the house if it has a fireplace. While this could be risky, it is one of the most effective ways that people have kept their homes warm during winter. Another remedy for this situation is dressing warmly and using heavy blankets around the house. Steve could also try to conserve the heat in the home by covering cracks in windows frames, putting draft stoppers on doors and covering floors with rugs.
References
Barroso, C. (2018). Landlord-Tenant Disputes: Towards the End of Court Litigation through Alternatives.
Hatch, M. E. (2017). Statutory protection for renters: Classification of state landlord-tenant policy approaches. Housing Policy Debate , 27 (1), 98-119.
