justifying the adoption of the
implied warranty of habitability apply
amp; POL'y 201 (2017); Karen Tokarz & Zachary Schmook, Law School Clinic and Community Legal Services Providers Collaborate to Advance the Remedy of
Implied Warranty of Habitability in Missouri, 53 Wash.
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.
Another court interpreted the phrase to include breach of
implied warranty of habitability of an apartment.
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.
The
implied warranty of habitability means that a home must be structurally sound, must provide its inhabitants with a reasonably safe and sanitary place to live, and must be reasonably fit for human habitation.
Finally, the courts have resisted extending the
implied warranty of habitability to commercial tenants.
