warranty of habitability

Warranty of Habitability

The guarantee by a landlord that one may safely live in a residence. For example, a warranty of habitability implies that the landlord must provide a structurally sound residence with suitable drinking water, locks on the doors, and so forth. A warranty of habitability is implied in a lease; depending on the jurisdiction, if a landlord does not live up to the warrant, a tenant may withhold rent, refuse to pay rent, or even break the lease and move out.

warranty of habitability

An implied promise, meaning one imposed by the law and not specifically agreed to by the parties,that the premises will be suitable for habitation in a safe and sanitary manner.It is a change from the old common law rule of caveat emptor,meaning the buyer takes at his or her own risk.The warranty applies to landlords and has been held to apply to sellers of new homes and sometimes to sellers of used homes. (Consumer protection statutes and disclosure statutes in some states expand upon the implied warranty.)

References in periodicals archive ?
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.