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LSDefine

Simple English definitions for legal terms

implied warranty of habitability

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A quick definition of implied warranty of habitability:

The implied warranty of habitability is a promise that landlords make to their tenants when they rent out a home. It means that the landlord must keep the home in good condition and make necessary repairs, even if the lease agreement doesn't say so. If the home is not in good condition, the tenant can refuse to pay rent until the landlord fixes the problems. This helps tenants get their homes fixed and prevents landlords from punishing tenants who complain about problems. Some people like this rule because it helps protect tenants, but others don't like it because it can make housing more expensive and make it harder for landlords to make money.

A more thorough explanation:

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.

implied warranty of fitness | implied warranty of merchantability

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