After years of ignored complaints, deferred maintenance, and several emergency events, you’ve had enough of your landlord’s failure to repair your dilapidated rental home. You’ve made more complaints – oral and written – than you can count, you’ve reported them to the government and obtained notices of violation from your local code enforcement agency, and you’ve attempted to mediate the matter, possibly even through your local Rent Board. But, these efforts proved fruitless. Your home remains plagued by actionable habitability defects that render it uninhabitable to the point it endangers your health, safety, and body.  You’ve thought about suing your landlord, but you might not want to vacate your home yet.  The habitability defects, while substantial, are not severely substantial.  And, you have hope that you might be able to compel your landlord to make your home habitable.  You begin to wonder: Can I bring a claim for breach of the warranty of habitability while continuing to live in my rental home?

Yes, you can bring a claim for breach of the warranty of habitability while continuing to live in your rental home.  No law precludes you from sending a demand letter requesting your landlord fix the outstanding habitabitly defects and proceeding to file a lawsuit in court.  No law requires you to permanently vacate your home to commence a civil lawsuit for breach of the warranty of habitability for failure to repair.  You do not have to give up your home to pursue your right to habitable living conditions in a court of law.

You may, however, find it prudent for your health and case to vacate your home temporarily, at least until your landlord completes the repairs.  This is most advantageous when the habitability defect is severe enough that you cannot safely or comfortably reside in your home, but do not want to vacate permanently.  For instance, a sewage flood rendering your sole bathroom plumbing both unsanitary and inoperable likely warrants vacating the home.  However, should you reside in a rent-controlled home, or possess strong local ties, you may not wish to vacate permanently.  You might find sanctuary with relatives, friends, or in a hotel.  If you elect to take this step, you might consider letting your landlord know that you have been displaced temporarily, but want to return to your home as quickly as possible, providing they make all necessary repairs so that it becomes habitable.

Repeated complaints and broken promises should not define your experience at home. When substantial habitability defects persist and requests for repairs go unanswered, pursuing a habitability claim may be an important step toward holding those responsible accountable and seeking compensation for the harm you have suffered. Your complaints, photographs, inspection reports, and records of losses can help tell that story, and help you as you litigate your breach of the implied warranty of habitabitly claim (not making repairs) in a court of law.  Ultimately, pursuing your claim and preserving your home can go hand in hand, even when unsafe conditions make temporary relocation necessary.