What Is the Implied Warranty of Habitability and Why Does It Matter?



The implied warranty of habitability relates to residential leases and requires that rented property meet certain standards. This warranty can impact a tenant’s rights and a landlord’s obligations.

Implied Warranty of Habitability

This warranty is implied by law in all residential leases that are in the jurisdiction. It states that all premises are fit and habitable at the time the lease is entered into and will remain so during the lease. Landlords are required to keep the rental unit livable when an implied warranty of habitability is part of the law in the jurisdiction. This warranty may derive from state statutes, common law or building codes. These laws may specify a minimum requirement related to services such as plumbing, heat and water. Additionally, it may require additional standards be met so that a home is considered to be in a decent, safe and healthy manner. This warranty typically applies to houses, apartments or units rented for living purposes.

Meeting the

Implied Warranty of Habitability

Meeting the implied warranty of habitability requires the landlord to comply with the relevant law. This will vary depending on the source of the warranty. For example, some states will find that this warranty is met when the landlord complies with local housing codes such as meeting minimum requirements for sewage disposal. These laws may also require the landlord to make all necessary repairs.

In other states, the requirements to meet the implied warranty of habitability are based on court decisions. In these situations, this warranty is met without applying particular housing codes. These jurisdictions may have a broader interpretation of the premises being fit and habitable. A court may require more of a landlord in these areas to find that he or she has met the housing obligation to keep the property habitable.

Violations of the

Implied Warranty of Habitability

There may be a variety of ways that a landlord can violate the implied warranty of habitability. The actual violation depends on the requirements in the state. However, it may include failing to provide working electricity, drinkable water, hot water, heat during cold weather or functioning fixtures and plumbing. Other violations may include violating relevant building codes or failing to take care of a rodent infestation.

Commercial Leases

Because this warranty requires a building to be habitable, it usually does not apply to commercial or industrial spaces. It may also not apply to condos.

Tenant Options

If a landlord fails to meet the requirements under the implied warranty of habitability, the tenant’s options are dictated by the laws in his or her jurisdiction. For example, some jurisdictions permit the tenant to withhold rent until the unit is returned to a habitable state. Often, when states permit this remedy, the tenant may have to keep the rent money in a separate account or escrow so that when the repairs are made, the landlord can receive the rental amount. Others allow the tenant to make the repairs and then deduct the amount of the repairs from the rent. The landlord’s failure to maintain the property may be seen as a breach of the lease. The tenant may be able to move out and terminate the lease without worrying about damages for breaching the lease because the landlord has breached it first. Another option may be to sue for damages from the date that the landlord became aware of it.

When a tenant finds a condition that is not in line with the implied warranty of habitability, he or she should first report this information to the landlord so that he or she has an opportunity to correct it. Such a request should be in writing. The tenant should keep a copy of this request. Some states may find it presumptively unreasonable for a landlord to take longer than a specified period of time to make repairs or comply with habitability requirements, such as 30 days.

Waiving the

Implied Warranty of Habitability

The implied warranty of habitability cannot usually be waived because this is often viewed as being inconsistent with the public policy.

Legal Assistance

Individuals who believe that they are living in a unit where the implied warranty of habitability is not being met may choose to contact a real estate lawyer for assistance. He or she may explain whether there is an implied warranty of habitability in the jurisdiction and what it requires of landlords. He or she can also explain the remedies that might be available.


Provided by HG.org


Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.

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