Implied Warranty of Habitability

In residential leases, a landlord impliedly warrants that the premises are fit for human habitation at the outset and throughout the tenancy. Breach entitles the tenant to withhold rent, repair and deduct, terminate the lease, or seek damages. The warranty may not be waived.

Related Landlord-Tenant rules

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• Constructive EvictionConstructive eviction occurs when the landlord's wrongful act or failure to act substantially interferes with the…
• Tenant's Duty to RepairA tenant must not commit waste and must maintain the premises in reasonably good repair. A landlord may recover…
• Assignment vs. SubleaseAn assignment transfers the tenant's entire remaining lease interest; privity of estate exists between assignee and…
• Landlord's Duty to MitigateUnder the majority modern rule, a landlord whose tenant abandons must make reasonable efforts to re-let the property.…

Part of Real Property on Core Legal Rules — foundational MBE-tested principles with primary-source citations.