Legal Help Center

Legal Help Center

Implied warranty of habitability

Before the 1960's there were few laws in the United States mandating the condition a property must be in before it's rented to another party. Since then, however, a doctrine called the Implied Warrant of Habitability has been widely adopted. This law states that a property must be suitable for human habitation before it can be rented. If a landlord fails to satisfy these conditions, a tenant may seek actual damages to have the property restored to suitable conditions. Punitive damages may only be sought if the landlord is found to have been “grossly negligent to the level of criminal disregard." The emergence of state laws of Implied Warrant of Habitability have sought to make living conditions safer for anyone who rents property. For more information about the Implied Warrant of Habitability, contact a real estate lawyer in your area.

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