contract-law rental-property
Landlord responsibilities on tenant-built structures?
<p>In the US, nearly every state has some form of an implied warranty of habitability created between landlords and their tenants. For example, jurisdictions may require landlords to provide heating, electricity, water, do repairs, install locks, and so on. But does this still apply for tenant-built property?</p>
<p>For example, let’s say I own a piece of land and rent it out on a long-term lease (5+ years). My lessee would like to build a cabin on the property, and I add as a term of our contract that the tenant can build a cabin, but that I’m not responsible for repairs. Does the tenant still retain the warranty of habitability if they build the property?</p>

<p>A lease of land is not the same as a residential lease, the latter being strongly regulated by special laws. So <em>caveat emptor</em> is the default rule for land leases (see <a href="https://ttu-ir.tdl.org/bitstream/handle/10601/135/skillern5.pdf?sequence=1&amp;isAllowed=y" rel="noreferrer">this article</a>). You have to look at the laws of your state, but let's <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=62A.2A&amp;full=true#62A.2A-104" rel="noreferrer">take Washington</a> as an example. This is not a residential tenancy which is subject to different laws, it's just leasing land, similar to leasing a chainsaw or a car. Your implied warranty would be that the land is fit for the ordinary purposes for which land is used, and that is all. It might be worth wondering about whether building a cabin on the land changes your property tax liability.</p>
