warranty of habitability

(redirected from Warranties 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.
Farlex Financial Dictionary. © 2012 Farlex, Inc. All Rights Reserved

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.)

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.