Glossary → Real Estate
Real Estate

Implied Warranty of Habitability

A landlord’s legal duty to keep a rental livable.

In nearly every state, landlords must keep rental units fit to live in — working heat, water, plumbing, and a structurally sound space — regardless of what the lease says. This duty usually can’t be waived. If a landlord won’t make essential repairs, tenants may have remedies like repair-and-deduct or rent withholding.

In practice

A lease clause saying “tenant accepts unit as-is and waives all habitability rights” is typically void.

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