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Implied Warranty Of Habitability

What is 'Implied Warranty Of Habitability'

An unstated guarantee that a rental property meets basic living and safety standards. When a tenant rents an apartment, for example, an implied warranty of habitability means that the unit will have hot water, a working electrical system, heat in the winter, lockable doors and windows, a working toilet and smoke detectors, and be free of pests like roaches and rats, among other conditions.

Explaining 'Implied Warranty Of Habitability'

Local building codes outline the standards that rental units must meet. A landlord whose rental units do not meet these conditions is known as a slumlord. Tenants living in uninhabitable units have legal remedies to force landlords to meet their obligations.


Further Reading


The rise and fall of the implied warranty of habitability
www.jstor.org [PDF]
… Legislatures and courts read implied warranties of habitability and repair into … An early flurry of scholarship debated the economics of housing code enforcement and, by extension, its private-law analogue, the implied warranty of habitability.33 In the following years, however …

THE ECONOMICS OF THE IMPLIED WARRANTY OF HABITABILITY: AN INTERDISCIPLINARY TEACHING APPROACHTHE ECONOMICS OF THE IMPLIED WARRANTY OF HABITABILITY: AN INTERDISCIPLINARY TEACHING APPROACH
heinonline.org [PDF]
… Legislatures and courts read implied warranties of habitability and repair into … An early flurry of scholarship debated the economics of housing code enforcement and, by extension, its private-law analogue, the implied warranty of habitability.33 In the following years, however …

The Implied Warranty of Habituality as a Mechanism for Redistributing Income: Good Goal, Bad PolicyThe Implied Warranty of Habituality as a Mechanism for Redistributing Income: Good Goal, Bad Policy
heinonline.org [PDF]
… Legislatures and courts read implied warranties of habitability and repair into … An early flurry of scholarship debated the economics of housing code enforcement and, by extension, its private-law analogue, the implied warranty of habitability.33 In the following years, however …

The Next Step in the Evolution of the Implied Warranty of Habitability: Applying the Warranty to CondominiumsThe Next Step in the Evolution of the Implied Warranty of Habitability: Applying the Warranty to Condominiums
heinonline.org [PDF]
… Legislatures and courts read implied warranties of habitability and repair into … An early flurry of scholarship debated the economics of housing code enforcement and, by extension, its private-law analogue, the implied warranty of habitability.33 In the following years, however …

Risk of Economic Loss and Implied Warranty Liability in Tripartite Finance LeasesRisk of Economic Loss and Implied Warranty Liability in Tripartite Finance Leases
heinonline.org [PDF]
… Legislatures and courts read implied warranties of habitability and repair into … An early flurry of scholarship debated the economics of housing code enforcement and, by extension, its private-law analogue, the implied warranty of habitability.33 In the following years, however …

The Warranty of HabitabilityThe Warranty of Habitability
heinonline.org [PDF]
… Legislatures and courts read implied warranties of habitability and repair into … An early flurry of scholarship debated the economics of housing code enforcement and, by extension, its private-law analogue, the implied warranty of habitability.33 In the following years, however …

Toward a Theory of Warranties in Sales of New Homes: Housing the Implied Warranty Advocates, Law and Economics Mavens, and Consumer Psychologists Under …Toward a Theory of Warranties in Sales of New Homes: Housing the Implied Warranty Advocates, Law and Economics Mavens, and Consumer Psychologists Under …
heinonline.org [PDF]
… Legislatures and courts read implied warranties of habitability and repair into … An early flurry of scholarship debated the economics of housing code enforcement and, by extension, its private-law analogue, the implied warranty of habitability.33 In the following years, however …

Knight v. Hallsthammar: The Implied Warranty of Habitability RevisitedKnight v. Hallsthammar: The Implied Warranty of Habitability Revisited
heinonline.org [PDF]
… Legislatures and courts read implied warranties of habitability and repair into … An early flurry of scholarship debated the economics of housing code enforcement and, by extension, its private-law analogue, the implied warranty of habitability.33 In the following years, however …

The Installment Land Contract as Lease: Habitability Protections and the Law-Income PurchaserThe Installment Land Contract as Lease: Habitability Protections and the Law-Income Purchaser
heinonline.org [PDF]
… Legislatures and courts read implied warranties of habitability and repair into … An early flurry of scholarship debated the economics of housing code enforcement and, by extension, its private-law analogue, the implied warranty of habitability.33 In the following years, however …

Expanding the Implied Warranty of Habitability: Knight v. HallsthammerExpanding the Implied Warranty of Habitability: Knight v. Hallsthammer
heinonline.org [PDF]
… Legislatures and courts read implied warranties of habitability and repair into … An early flurry of scholarship debated the economics of housing code enforcement and, by extension, its private-law analogue, the implied warranty of habitability.33 In the following years, however …



Q&A About Implied Warranty Of Habitability


Who has an obligation to provide a rental unit with basic living and safety standards?

The landlord has an obligation to provide a rental unit with basic living and safety standards.

Why do landlords have obligations under implied warranty of habitability?

Landlords have obligations under implied warranty of habitability so tenants will not live in uninhabitable units where they could get hurt or become sick from poor living conditions such as lack of heat or pest infestations. This law helps protect tenants from slumlords who might rent out unsafe apartments just to make money even though they know their apartments are unsafe for human beings to live in them without getting hurt or sick from poor living conditions such as lack of heat or pest infestations . Slumlords might rent out unsafe apartments just to make money even though they know their apartments are unsafe for human beings to

What does the term "unstated" mean?

The term "unstated" means that the guarantee is not written down.

What is implied warranty of habitability?

An unstated guarantee that a rental property meets basic living and safety standards.

How do local building codes outline the standards that rental units must meet?

Local building codes outline the standards that rental units must meet by outlining what conditions are acceptable for housing. For example, if there is no hot water in a unit, then it would be unacceptable for housing because people need hot water to bathe themselves. If there was no heat in winter, then this would also be unacceptable because people need heat to stay warm during cold weather. If there were pests like roaches or rats in a unit, then this would also be unacceptable because these pests can spread disease and make people sick. Therefore, all of these things are examples of conditions that are unacceptable for housing according to local building codes.