Also known as: implied warranty of habitability · warranty of habitability · habitability warranty · landlord habitability warranty
Written by attorneys · grounded in primary & secondary sources — see below
A promise implied by law in residential leases that the premises will meet minimum standards of safety and livability. The warranty arises from housing codes and common-law developments that reject the old rule of caveat lessee.
Tara rented a condominium unit from Brightview Properties LLC. She reported a ceiling leak multiple times. Brightview patched the drywall but never fixed the source in the mechanical room it controlled. City inspectors cited code violations for chronic water intrusion and mold. The ceiling later collapsed and injured Tara and her subtenant Luis.
Dana rented an apartment from the Metro Housing Authority. The city code required operable heat and weatherproof windows. Dana reported broken radiators and windows that would not close. The Authority delayed repairs citing budget issues. During a cold snap Dana and a visiting child suffered frostbite.
Select any source to read its text and confirm it supports the definition.
Iain Irons rented an apartment from Ivy Investments. The unit had no heat and exposed wiring that violated the local housing code. Iain notified the landlord repeatedly but received no repairs. He stopped paying rent and the landlord sued for possession. The court allowed Iain to raise the warranty breach as a defense.
Ismael Ibrahim leased office space from Reste Realty Corp. Water repeatedly flooded the premises from a defect outside the leased area. The landlord knew of the problem yet made no repairs. Ismael vacated after months of complaints. The court held the flooding breached the implied warranty of habitability.
India Inoue rented a unit from Imperial Motors' housing division. Oregon statutes prevented tenants from asserting the landlord's breach of habitability duties in eviction actions. India challenged the statutes after the landlord sought possession. The Supreme Court struck down the bar on habitability defenses.
Isaac Irving leased an apartment from Sommer. The unit suffered repeated heating failures and pest infestations that the landlord ignored. Isaac vacated and notified the landlord. The landlord refused to accept the surrender and sued for rent. The court held the breach of the warranty justified termination.
No. The warranty covers dangerous conditions that arise after the tenant takes possession. A landlord remains subject to liability when it fails to exercise reasonable care to repair a code-violating condition that develops during the tenancy.
Supporting sources
No. Actual notice is not required when the landlord already knows of the problem through repeated tenant reports or code-inspector citations. Once on notice the landlord must exercise reasonable care to repair the dangerous condition.
Supporting sources
The warranty protects the tenant and others on the premises with the tenant's consent. A landlord that breaches the duty to repair a code-violating condition can be liable for injuries to both the tenant and lawful visitors such as subtenants or guests.
Supporting sources
Yes. When a tenant justifiably terminates because of an unremedied breach the tenant may recover reasonable moving and cleaning expenses. The landlord's persistent failure to address infestations or heating failures supplies the material breach that supports termination and relocation damages.
Supporting sources
…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…