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Habitability Defenses and Countermeasures

13 minPRO
2/6

Key Takeaways

  • Habitability standards: weatherproofing, plumbing, heating, electrical, and code compliance.
  • Documented maintenance records showing timely response are the primary countermeasure.
  • Pre-eviction inspections identify issues and create photographic evidence against fabricated claims.
  • Never file while habitability violations exist—repair first, then file.
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Test Your Knowledge

1.What standard must a tenant meet to successfully assert a habitability defense against eviction?

2.What is the most effective countermeasure against a habitability defense?

3.Should a landlord conduct a property inspection before filing an eviction?