Q: Do this violate the implied warranty of habitability:
If there is a person constantly entering an apartment building without any tenants permission and management will not do anything about, leading to many tenants feeling unsafe, does it violate the implied warranty of habitability? More specifically, a person has been practically living in the entry way of my building (indoor hallway that’s the only way in and out, and he also lies in front of the door so we can’t even open it sometimes) for the last month. He sleeps there and even smokes inside. Management has said to contact the front desk about it. They said they’ve called the police but they can’t do anything and he keeps coming back. (I also find it crazy that he hasn’t received any type of fines for smoking indoors). I feel extremely unsafe that a trespasser can enter and stay with zero repercussions, meaning anyone can do that. Can I withhold rent until they solve the problem?
A: The person who is entering the premises without permission is trespassing. This is not an issue of a breach of the warranty of habitability. A tenant does not have the right to withhold rent for such an issue.
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