When landlords lease or rent residential property there is an implied warranty of habitability. This means that they must provide a safe and habitable living space at all times. If landlords fail to provide this, tenants have the option of withholding all or part of their rental payment until the problem is fixed.
Note that certain elements must normally be present for tenants to legally make rent deductions. For this reason, it is advisable to consult a real estate attorney before making deductions. These elements include the following:
With commercial property, there is no warranty of habitability. Instead, the terms of the contract will be the primary controlling factor of when rent may be withheld, if at all. Still, courts in some states have said that an implied warranty of suitability and fitness for a particular purpose exists for commercial leases.
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