leasing
habitability
Habitability refers to the condition of a rental dwelling being fit to live in, with working essentials such as heat, plumbing, safe electrical systems, weather protection, and freedom from serious hazards. Most states recognize an implied warranty of habitability in residential leases, requiring landlords to maintain these conditions. Tenant remedies, such as repair and deduct or rent withholding, vary by state.
- Exam tip
- The implied warranty of habitability applies to residential leases, generally not commercial ones. Serious violations may support a claim of constructive eviction.
- Example
- A landlord ignores a tenant's requests to fix a broken furnace for weeks in January, violating the implied warranty of habitability.
Related terms & state variants
Sources
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Last verified: 2026-10-23