A promise that goes with the rental of residential property that it will be fit for human habitation, including working plumbing and electrical systems, locking doors and windows, watertight roof, and other health and safety conditions. This promise is by statute, even if the landlord does not include it in the lease or rental agreement.
Warranty given by landlords in residential leases that the premises are in good living condition, and by builder of new homes that the homes are free of major defects.
Often called an implied warranty, this is a legal principle in residential property leases. It holds that unless otherwise stated in the lease or rental agreement, landlords have a legal responsibility to provide habitable premises for the tenant. Even if the condition that makes the unit non-habitable occurs after the tenants has moved in or was caused by the tenant, landlords may still have this responsibility if they expect the tenant to remain. If the landlord fails to cure the condition, the tenant usually can repair the condition and deduct the cost from the next rental payment (unless the condition was caused by the tenant). The tenant can also terminate the lease through constructive eviction.