Also known as: right to habitable premises · habitability · warranty of habitability · implied warranty of habitability
Written by attorneys · grounded in primary & secondary sources — see below
A tenant's entitlement under an implied warranty that leased residential premises meet minimum standards of fitness for human habitation and comply with applicable housing codes. The warranty arises by operation of law and obligates the landlord to maintain the premises in a condition free from defects that substantially affect health or safety. Breach of the warranty permits the tenant to pursue remedies including rent abatement or damages.
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Hector Hernandez leased an apartment from Harbor National Bank. After taking possession Hector discovered exposed wiring that violated the local housing code and caused an electrical shock to a guest. Because the bank failed to repair the condition despite notice, Hector recovered damages for the resulting physical harm.
Hamid Hassan rented an apartment from Helix Biotech. After a storm, water entered through a roof defect the landlord had ignored, damaging Hamid's personal belongings stored near the exterior wall. Hamid recovered the value of the damaged goods because the landlord had failed to correct a condition violating the implied warranty of habitability.
Hugo Hart rented an apartment from Highland Steel. During the lease term housing inspectors cited multiple violations including lack of heat and broken plumbing that rendered the unit uninhabitable. Hugo withheld rent and successfully defended an eviction action by proving the landlord breached the implied warranty measured by the housing code.
Hilda Hernandez leased an apartment from Hudson Partners. After every rainstorm water flooded the premises and the landlord repeatedly failed to repair the roof despite complaints. Hilda vacated the premises and successfully asserted constructive eviction based on the landlord's breach of the covenant to maintain habitable conditions.
Helena Hoffman rented a unit from a low-income housing owner. When the landlord sued for possession Helena attempted to defend by proving the premises were uninhabitable. The court upheld the state statute barring the habitability defense in summary eviction proceedings, leaving Helena to pursue separate damages claims.
Hector Huerta rented a house from a private owner. The landlord ignored repeated written notices of leaking pipes, mold, and missing smoke detectors that made the home unsafe. Hector recovered damages measured by the difference between the rent paid and the fair rental value of the premises in their defective condition.
Yes. The warranty protects tenants of residential property and is measured by housing code standards that ensure fitness for human habitation. Commercial leases are governed by different rules that do not imply the same warranty.
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No. Most authorities require the tenant to notify the landlord and give a reasonable opportunity to repair before damages or other remedies become available. Notice allows the landlord to cure the breach of the warranty.
…A modern urban tenant's leasehold often includes not only contractual, but also statutory, rights, including the rights to an implied warranty of habitability, rent control, and such services as the landlord is obliged by statute to provide. Cf. n. 7, supra. [^maj-32]: Happily, the Court leaves open the question whether § 828 provides…
…with the obligations imposed on the landlord by a typical modern housing code, and must be abandoned[^maj-28] in favor of an implied warranty of habitability
…brought an action for possession of the premises. Appellants attempted to defend on the ground that appellee had breached an
…to impose these duties on a property owner — which has rendered the old common law rule obsolete. To follow the old rule of no implied warranty of habitability
…complex. The tenants filed suit against petitioners, alleging causes of action for negligence, strict liability, breach of the
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Yes. When the premises fall below habitable standards the tenant may withhold rent or seek abatement in an amount reflecting the reduced value of the premises. The tenant must still prove the breach and its effect on habitability.
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No. The warranty is implied by law and cannot be disclaimed or waived in a residential lease because it protects public health and safety interests that outweigh freedom of contract.
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It depends on the jurisdiction. Some courts limit the implied warranty of quality and habitability to the first purchaser in privity with the builder while others extend it to later buyers for latent structural defects.
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