In addition to the obligations imposed on an owner or operator by lease, statute, and/or ordinance, the law implies certain other duties, including:

• Possession – An owner or operator who agrees to lease property impliedly promises that neither s/he nor any third person occupying the premises (e.g., a former resident) will prevent the resident from taking possession of the property. It is the owner or operator’s duty to see that the premises are actually open for the resident’s occupancy on the first day of the lease term. If the resident voluntarily fails to take possession, the owner or operator nevertheless has fulfilled his/her duty to make the premises available, and the resident remains bound by the lease.
• Quiet Enjoyment – An owner or operator who leases property promises that the resident will be entitled to use and enjoy the property without disturbance from:
  • Third persons who have superior title to the property and who dispossess or exclude the resident (e.g., a mortgage holder who forecloses on the property);
  • The owner or operator by means of an actual eviction; or
  • The owner or operator by means of a constructive eviction, which is an interference with possession so serious that it deprives the resident of beneficially enjoying the premises. (Ind. Code 32-31-5-6(c))
• Warranty of Title – A lease is essentially an agreement by which the owner or operator of a property conveys his/her interest in that property to the lessee. The owner or operator impliedly promises that s/he has a sufficient interest in the property such that s/he may legally convey the property under the lease. This power does not necessarily mean the owner or operator has title to the property, although that is generally the interest giving the owner or operator his/her power.
• Condition upon Entry – By statute, owners and operators are obligated to deliver possession of the leased premises in a safe, clean, and habitable condition, in conformance with all applicable health and housing codes. Owners and operators are also obligated to take reasonable measures to keep the premises clean, maintain the electrical, plumbing, and HVAC systems in good order, and maintain any appliances used as inducements for the lease. (Ind. Code 32-31-8-5.)

Keywords: Habitability Standards