Warranty of habitability
An implied promise from every landlord that the rental will meet basic living standards: safe, sanitary, and structurally sound. Applies whether or not it's in the lease.
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Part 1 of 4
Why a seller cares
Every rental carries an implied promise of basic living conditions: heat, water, a sound structure. A seller of a rental that falls short is selling a liability, and a tenant can raise it during the sale.
Part 2 of 4
A simple example
Your rental's furnace has been unreliable for two winters. The tenant withholds rent under the warranty of habitability the month the home goes under contract.
| The condition | What the warranty does |
|---|---|
| No heat in winter | A breach; the tenant may repair and deduct or withhold, depending on the state |
| A cosmetic problem | Not a breach; it has to be about basic living conditions |
| A problem disclosed to the buyer | Priced in, and the buyer's to fix after closing |
Habitability is a promise the landlord makes by renting, and it passes to the buyer with the lease.
Part 3 of 4
What people get wrong
That a lease can waive it. It cannot, in nearly every state; the promise is implied by law.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
In your Room, this word explains itself where it appears.
Your Room defines warranty of habitability in the step you meet it in, beside the document or the date it belongs to. Free to set up, with an agent or on your own.
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