The defendant further alleged that the plaintiff was discriminating and retaliating against him due to his disability, and breaching his warranty of habitability
The Plaintiff brings this action against the Defendant for breach of the implied warranty of habitability
as the property at 629 Hartford Avenue East .
In addition, there's a risk that residents will cite a landlord's warranty of habitability
, and withhold rent until a neighbor's suspicious behavior is investigated.
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.
Jobe, the Utah case establishing an implied warranty of habitability
in residential leases.
Finally, the courts have resisted extending the implied warranty of habitability
to commercial tenants.
Tortuous Breach of Warranty of Habitability
, Breach of Covenant of Quiet Enjoyment, Nuisance, Unfair Business Practices and Negligence.
The defendant argued that the landlord was discriminating against her due to her disability and that the landlord had breached the warranty of habitability