What is the concept called that says that conditions not included in a contract, but tacitly granted consistently over time, become rights?
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What is the concept called that says that conditions not included in a contract, but tacitly granted consistently over time, become rights?
My landlord has over 9 years cooled the building with a swamp cooler system which he now refuses to run. To me this is like a defacto rent increase in that a service previously included no longer is and without explanation or reason.
Asked on June 16, 2012 under Real Estate Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there is a written lease, then generally speaking, a course of conduct by either party (landlord or tenant) which is outside of or does not comport with the lease does not create any rights or obligations; if one party voluntarily did more than the lease required, that does not require them to keep doing more. So the fact that the landlord formerly used this cooling system does not obligate him or her to keep doing so.
If without the use of this system, however, the building is effectively "uninhabitable"--e.g. not fit for use as a residence--that may constitute a violation of the "implied warranty of habitability" and give rise to a legal claim: in this instance, you could potentially sue for a court order directing the landlord to cool the building better and/or seeking monetary compenesation. However, this is a very fact-specific inquiry: what constitutes a violation in one case may not in another. If you are interested in possibly pursuing this avenue for relief, you should speak with a landlord-tenant attorney about your situation.
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