Property II

Implied Warrant of Habitability

A warranty of habitability is a covenant by the landlord, implied by law into residential leases, that the landlord will maintain the premises in condition fit for human habitation throughout the duration of the lease.

This warrants that:

  1. The premises are fit for human habitation.
  2. The condition of the premises is in accord with the uses reasonably intended by the parties.
  3. The tenants are not subject to any conditions endangering or detrimental to their life, health, or safety.

A tenant's obligation to pay rent is dependent upon the landlord's compliance with the implied warrant of habitability. A tenant may vacate the premises and terminate the lease or remain in possession and raise habitability as a defense or action respectively.