Business, Legal & Accounting Glossary
Habitability is the conformance of a residence or abode to the implied warranty of habitability. A residence that complies is said to be “habitable.” It is an implied warranty or contract, meaning it does not have to be an express contract, covenant, or provision of a contract.
It is a common law right of a tenant or Legal doctrine.
In order to be habitable, such housing usually must:
Some states, such as New York, have given additional statutory protections in addition to those created by case law. These statutes include:
Violation of the warranty of habitability results in constructive eviction, whereby the landlord or lessor has, in effect, evicted the tenant or lessee. The tenant may remedy the problem, or complain to local government authorities for remedies.
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This glossary post was last updated: 23rd April, 2020 | 6 Views.