An implied warranty of habitability is a warranty implied by law in all residential leases that the premises are fit and habitable for human habitation and that the premises will remain fit and habitable throughout the duration of the lease.
The conditions that violate this warranty vary depending on the state and jurisdiction the premises are located. Generally, a landlord can violate this warranty by failing to provide access to:
A tenant has the responsibility to repair any uninhabitable condition caused by the tenant.
This warranty applies only to residential leases, not commercial leases. Generally, this warranty applies to apartments, houses, or other types of dwellings rented for living purposes. But the implied warranty of habitability generally does not apply to condominiums.
Generally, the implied warranty of habitability cannot be waived and lease provisions inconsistent with the right to live in a habitable premise can be voided by a court. So renting an apartment 'as is' may violate this warranty.
Notify the landlord immediately of the uninhabitable condition and request that the condition be repaired. The landlord must be given a 'reasonable time' to repair the uninhabitable condition. Generally, it is unreasonable for the landlord to take more than 30 days to repair the defect, but a 'reasonable time' depends on the nature of defect.
Generally the tenant may do one or a combination of the following:
Generally, you cannot stop paying rent as long as you remain on the property.
Landlord-tenant law is very complicated and varies from state to state. An experienced real property attorney can help you understand your state's implied warranty of habitability laws. A real property lawyer can also represent you in court if you sue for damages or repairs.
Last Modified: 05-14-2017 11:31 PM PDTLaw Library Disclaimer
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