Legal Definitions - implied warranty of habitability

The implied warranty of habitability is a type of warranty that is included in most residential leases. This warranty requires landlords to keep their property in a livable condition, even if the lease does not specifically require them to make repairs.

For example, if a tenant discovers that their apartment has a leaky roof or a broken heater, the landlord is responsible for fixing these issues in a timely manner. If the landlord fails to make these repairs, the tenant may be able to withhold rent until the repairs are made.

The implied warranty of habitability is designed to protect tenants from living in unsafe or unsanitary conditions. It ensures that landlords are held accountable for maintaining their properties and making necessary repairs.

However, some people argue that this warranty can drive up housing prices and discourage landlords from investing in older buildings. Despite these concerns, the implied warranty of habitability remains an important protection for tenants.