Back To: Real Estate, Personal, & Intellectual Property

What is the Implied Warranty Of Habitability?

In the mortgage or real estate industry, when a property (house) is considered habitable and up to standards of safety, it has an implied warranty of habitability. An implied warranty of habitability is a guarantee that a property put up for rent or lease if fit and safe for living throughout the period of rent or lease.

How Does the Implied Warranty Of Habitability Work?

An implied warranty of habitability holds that a rental property is certified worthy of habitation during the period of occupancy. This means that all the basic things needed for comfortable living are supplied in the apartment, for instance, anyone (tenant) who rents the apartment will have access to electricity cup-ply, water, goods locks, doors and windows, among others. Usually, an implied warranty of habitability is not applicable to commercial properties but for rental properties. This is however excluding office spaces, shops and business outlets rented by individuals since people would not be living in them. For a rental property meant for human occupancy, not only inside the building should meet the basic requirements of safety standards, outside the apartment or premises should also be fit for human habitation. For a building to have an implied warranty of habitability, certain standards must be met, they are;

• Functional electricity
• Steady water supply
• Provision to suit different weather conditions; heat for winter, air conditioner for summer.
• Proper bathroom and toilet
• Good doors and windows
• Locks and securities
• Healthy premises
• Smoke detector.

It is however important to know that the above standards are provided by the Local building codes. In accordance to laws, landlords are mandated to make apartments for rental fit and habitable during the period of occupancy. The landlord has the duty of making the apartment to be rented out meet safety standards and the standards outlined by the Local building codes. A tenant has nothing to worry about. However, renting an apartment that does not meet the required qualifications to be declared habitable is a violation of law and punishable. Landlords who violate the implied warranty can be sued by tenants. For the landlord that owns that rental unit with seemingly bad conditions, the landlord is tagged a slumlord. If issues arise during the period of occupancy, a landlord has about 30 days to fix the issues.

Related Topics

• Property Law (Intro)
• Tangible and Intangible property?
• Knowledge Capital
  
• Calculated Intangible Value
• Real and Personal Property?
• Chattel
• Littoral Land
• Fixtures?
• Appurtenance
• Readily Removable Fixtures
• What is ownership?
• Role of Government in ownership of property?
• Allodial System
• Role of property rights in economic activity?
• What are the limitations on property ownership rights?
• What is nuisance?
• What is Zoning?
• What is Eminent Domain?
• Just Compensation
• What is Property Taxation?
• Assessment Ratio
• Millage Rate
• Homeowners Association (HOA)
• Accession?
• Rule of First Possession?
• Lost or Mislaid Items?
• Adverse Possession?
• Encroachment
• Contracts?
• Gift?
• Confusion?
• Establishing and transferring ownership in real property?
• Absolute Title
• Warranty Deed
• Register of Deeds
• Conveyance
• What is a fee simple interest in real property?
• Absolute Interest
• Restrictive Covenant
• What is a life estate in real property?
• What is a leasehold estate in real property?
• What are common types of co-ownership relationships in real property?
• Owning Real Estate Personally vs as LLC
• What if Co-Owners of Real Estate Want Out
• Community Property and Separate Marital Property?
• What is an easement interest in real property?
• What is a license of real or personal property?
• Bundle of Rights
• Absorption Rate
• Fair Housing Act
• Federal Housing Administration (FHA)
• Housing and Urban Development (HUD)
• National Housing Act
• Design Build Contract
• Building Permits
• Certificate of Acceptance
• Construction Surety Bond
• Acquisition, Development, and Construction Loan (ADC)
• Flipping (Real Property)
• Buy, Strip, and Flip
• Homeowner Affordability and Stability Plan
• Building Residual Method
• Accessory Dwelling Unit
• Property Management
• Cost-Plus Contract
• Real Estate Investment Fund
• Listing Agreement
• Property Lawyers
• Multiple Listing Service
• Home Equity
• Register of Deeds
• Title Search
• Opinion of Title
• Certificate of Title
• Abstract of Title
• Chain of Title
• Clear Title
• Cloud on Title
• Defective Title
• Defect of Record
• Action to Quiet Title
• Abeyance
• Encumbrance
• Affidavit of Title
• Warranty of Title
• Title Insurance
• American Land Title Association (ALTA)
• Earnest Money
• Private Mortgage Insurance
• Closing (Property)
• Settlement Statement
• Real Estate Settlement Procedure Act (RESPA)
• HUD-1 Form
• Closing Statement
• Closing Costs
• Buying Real Estate as an LLC
• What is a mortgage?
• What are the Rights of a Mortgage Holder?
• Deed of Trust or Security Deed?
• Trust Deed
• Certificate of Release
• Judicial Foreclosure
• Lis Pendens
• Deficiency Judgment
  
• Short Sale 
• Homeowners Protection Act
• Deed in Lieu of Foreclosure
• Tax Deed
• Tenancy at Will 
• Closed End Lease Definition
• One Percent Rule
  
• Net Lease
• Triple Net Lease (NNN)
• True Lease Definition
• Land Lease Option
• Hell or High Water Contract
• Habendum Clause
• Attornment
• Implied Warranty of Habitability
• Emblements Definition
• Co-Tenancy Clause
  
• What is a bailment?
• Consignment
• Unilateral-benefit and mutual benefit bailments?