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.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
"By its motion, Aspen seeks leave to amend its Complaint in order to add claims against City Point for breach of contract and breach of the implied warranty of habitability and has attached its proposed Amended Complaint.
In July, the Supreme Court didn't exactly overrule that precedent, but it said judges can exercise discretion on a case-by-case basis whether to hear such claims over the implied warranty of habitability. The case is Kohner Properties Inc.
There are two different approaches that have been suggested to solve this problem: (1) expand the implied warranty of habitability to land contracts, or (2) require an independent property inspection before finalizing the land contract.
implied warranty of habitability; or (2) a duty created by statute or
The second reform relates to the doctrine of the implied warranty of habitability and the related doctrine barring retaliatory evictions.
& 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.
Dennis Van Sant, individually, and doing business as Dennis Van Sant Construction Co.: 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.