Implied Warranty of Habitability

The implied warranty of habitability is a legal doctrine that requires landlords to maintain rental properties in a safe, healthy, and livable condition. This means that the property must have adequate heat, water, electricity, plumbing, and structural integrity, and be free from hazards such as lead paint, mold, and pests. The implied warranty of habitability is recognized in most states and is typically cannot be waived by the lease agreement. If the landlord fails to make necessary repairs or maintain the property in a habitable condition, the tenant may have the right to withhold rent, make repairs and deduct the cost from rent, or terminate the lease without penalty. Tenants must typically provide written notice to the landlord of the habitability issues and allow a reasonable time for repairs before exercising these remedies.