Understanding Implied Warranty of Habitability

By PropsManager Team | Dec 17, 2025

Understanding Implied Warranty of Habitability

This is a legal doctrine present in almost all residential leases. It means the property must be fit for human habitation.

What is Included?

• Structural Integrity: Roofs that don't leak, floors that don't collapse.
• Utilities: Working heat, electricity, hot and cold running water.
• Sanitation: Working toilet, freedom from severe pest infestation.
• Safety: Locking doors, smoke detectors.

What Happens if You Breach It?

If you fail to fix these issues:

• Rent Withholding: Tenants may legally stop paying rent.
• Repair and Deduct: Tenants can hire a pro and deduct the cost from rent.
• Constructive Eviction: Tenants can break the lease and move out without penalty.

Conclusion

You cannot lease a "fixer-upper" and tell the tenant "it is what it is." Basic habitability is non-negotiable.