Also known as: statutory warranties of habitability · warranty of habitability
Written by attorneys · grounded in primary & secondary sources — see below
A statutory obligation requiring residential landlords to maintain leased premises in a condition that complies with applicable building and housing codes and is fit for human habitation. The duty arises upon notice of a dangerous condition and requires the landlord to exercise reasonable care to repair it. Breach exposes the landlord to liability for resulting physical harm to the tenant and others present with the tenant's consent.
Sydney Santos rented a unit from Sterling Dynamics. She reported recurring ceiling leaks multiple times. The landlord patched drywall but left the rooftop source untouched. Inspectors later cited code violations for water intrusion and mold. The ceiling collapsed and injured Sydney and her subtenant.
Sofia Stern rented from Sapphire Technologies. She gave repeated written notice that radiators and windows violated the local housing code. The landlord cited budget issues and made no repairs. During a cold snap both Sofia and a visiting child suffered frostbite.
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Steven Silva leased from Sterling Manufacturing. He submitted five written notices describing a metallic odor and intermittent heater shutdowns. The landlord performed only superficial adjustments. The heater later released carbon monoxide that hospitalized Steven and his niece.
Stella Shapiro leased from Starlight Media. Rainwater repeatedly flooded the interior through a defective exterior wall and foundation. The landlord knew of the latent defect before the lease but never disclosed or repaired it. The condition rendered the premises uninhabitable.
Sylvia Santos remained in possession after lease expiration because the landlord had ignored code violations. The state statute required payment of double rent during unlawful detainer. She challenged the statute as unconstitutional when applied to premises that breached the warranty.
Spencer Silver rented a garage apartment from Sterling Dynamics. He repeatedly reported badly rusted stairs that violated the housing code. The landlord only tightened a few bolts. Months later the stairs collapsed and injured Spencer and a visiting customer.
Yes. The duty covers dangerous conditions that arise after possession if the landlord receives notice and fails to exercise reasonable care to repair them when they violate housing codes or the warranty.
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Yes. Liability extends to the tenant and to others on the premises with the tenant's consent when the landlord breaches the duty to repair a code-violating condition.
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No. Superficial fixes that leave the underlying dangerous condition in place do not satisfy the duty of reasonable care when the landlord has repeated notice of a recurring hazard.
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Yes. When the breach justifies termination, reasonable moving, cleaning, and comparable-space renovation costs are recoverable as damages flowing from the justified termination.
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…urban tenant's leasehold often includes not only contractual, but also statutory, rights, including the rights to an implied warranty of habitability, rent control, and such services as the landlord is obliged by statute to provide. Cf. n. 7, supra. [^maj-32]: Happily, the Court leaves open the question whether § 828 provides…