Implied Warranty - Habitability

Habitability

An implied warranty of habitability, generally, is a warranty implied by law that by leasing or buying a residential property, the leasor or seller is promising that the property is suitable to be lived in. The warrant of habitability can be breached if there is no heat, hot water, or other essential services. Also, safety issues like no smoke alarm or other fire code issues can be considered to make a dwelling uninhabitable. Also, if the municipality has not issued a certificate of occupancy, it is not legal and is thus uninhabitable. The breach of the implied warrant of habitability can be used to legally break a lease. If the factors have been created or are controllable by the landlord and he or she has not fixed them despite ample written notification, this situation can also be considered constructive eviction, which allows the tenant to break the lease, but also may allow the tenant to sue for damages in some jurisdictions.

Read more about this topic:  Implied Warranty