Implied Warranty of Habitability

The courts have found that there is an implied warranty of habitability with every new home that is built, and this entails that every single new home must be fit for occupancy for the person moving in. New buildings, furthermore, are assumed to comply with all of the applicable building codes. If a home does not comply with these codes and criteria, the person who built the home might face a lawsuit. The implied warranty of habitability is also relevant in landlord-tenant cases. When a landlord rents out a property to a tenant, there is a implied warranty of habitability that automatically applies. Therefore, the landlord has a duty to the tenant to maintain a space that is habitable by human beings, and the precise meaning of the term “habitable” depends upon the state and the interpretation of the state’s courts.