Latent Defects

The Landlord has a duty to discloses any known latent defects that threaten structural soundness or personal safety, such as the existence of lead paint in the building. A structural defect that would not normally be uncovered over the course of an ordinary inspection (due to placement or type of defect, for instance) is referred to as a latent defect. The courts have decided in favor of the Renter when the Landlord neglected to reveal violations of zoning or building codes.

 In addition to the Landlord’s duty to disclose latent defects, the Landlord’s licensed Real Estate Agent has an independent duty to conduct a reasonably competent and diligent inspection of the property. It is the Licensee’s duty to discover any material facts that may affect the property’s value or desirability, regardless of if they are known to or disclosed by the Landlord. The Licensee should immediately inform the Landlord of such defects when they become known, and license’s obligation to disclose them. Any such material facts discovered by the Licensee must be disclosed to the prospective Renters.