implied warranty of habitability


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implied warranty of habitability

(1) A legal doctrine that imposes on a landlord the obligation to make leased premises ready for occupancy in a safe, healthy, and nonhazardous condition and with the minimal amenities necessary for the provision of heat and water,although not including the utilities themselves. Many states have passed uniform landlord tenant laws, changing the implied warranty into an expressly articulated and defined legal obligation of the landlord. (2) State law may also imply similar warranties for new home builders.

References in periodicals archive ?
Furthermore, a commercial tenant does not have an implied warranty of habitability to raise as a defense to negate its obligation to pay rent.
The Plaintiff brings this action against the Defendant for breach of the implied warranty of habitability as the property at 629 Hartford Avenue East .
Roger Price in discussing the implied warranty of habitability provides a cogent review of the cases (The Implied Warranty of Habitability: A Critical Review, February 2010 IBJ).
The implied warranty of habitability concerns whether a newly constructed residence serves its inhabitants.
Plaintiffs allege breach of contract, breach of implied warranty of habitability, breach of implied warranty of good workmanship, negligence.
Bryant, a New York court found that secondhand smoke drifting between apartments was a breach of the implied warranty of habitability.
For example, the implied warranty of habitability requires general contractors to build dwellings that satisfy the building code and meet prevailing standards of workmanship.
Renters in Pennsylvania have the legal right to withhold rent for a property that does not meet the implied warranty of habitability.
In the lawsuit, the woman alleges that the landlord negligently allowed Toole to enter the building, Mid City negligently performed its security contract and the landlord "breached the implied warranty of habitability by failing to properly staff the security desk or secure the complex," according to court documents.
Finally, the courts have resisted extending the implied warranty of habitability to commercial tenants.