Implied Warranty of Habitability

What is an implied warranty of habitability?

An implied warranty of habitability is any of certain assurances presumed in the rental of residential property. These assurances are considered warranties even if the seller has not expressly promised them in speech or in writing. An implied warranty of habitability is an unstated guarantee that a rental property meets basic standards before and throughout the occupation. Statutes and court decisions hold landlords responsible for meeting local codes and ensuring such factors as structural soundness, protection from precipitation and cold, potable water, working locks, functioning bath and toilet, smoke and carbon monoxide detectors, pest protection, adequate ventilation, functioning electrical system, hot water, and heat during cold weather.

Why is an implied warranty of habitability important to an HOA?

While rental properties are the exception rather than the rule in most HOA-governed residential developments, homeowners associations may well become involved in any dispute between a nonresident property owner and his or her tenant(s) over the livability of a rented residence. An implied warranty of habitability is first a matter of sheer humanity because subjecting renters to pests or weather or depriving them of heat, ventilation, or sanitation (or any number of other conditions) imposes needless misery. The implied warranty of habitability is also central to every residential lease or rental because all 50 U.S. states enshrine this legal doctrine by statute and in court decisions. An HOA-governed residence unsuitable for human habitation will reflect negatively on the whole community.

How can you use “implied warranty of habitability” in a sentence?

An implied warranty of habitability is a widely recognized legal protection for renters of residential properties.