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.
Every term like this one lights up in the step you're on.
Free to set up. No credit card.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
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