What is the implied warranty of habitability?
Real Estate Exam: Landlord-Tenant Law, Lease Types, Eviction, Security Deposits
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The implied warranty of habitability is a legal doctrine recognized in most states that requires landlords to maintain rental properties in a condition fit for human habitation, regardless of what the lease says. This means providing working plumbing, heating, electrical systems, adequate weatherproofing, and compliance with building and health codes. If the landlord fails to maintain habitable conditions after notice, tenants may have remedies including rent withholding, repair and deduct where they fix the problem and subtract the cost from rent, or lease termination.
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