The Scope of the Implied Warranty of Habitability in Residential Tenancies

By

Anthony J. Fejfar, B.A., J.D., Esq., Coif

© Copyright 2009 by Anthony J. Fejfar

The Implied Warranty of Habitability in Residential Tenancies requires that the

Landlord provide, and keep in repair all essential services such as water/plumbing,

electrical, heat and air conditioning, and telephone. This is also the law found in the

Statutory Warranty of Habitability found in the Uniform Residential Landlord Tenant Act.

Thus, if a water pipe breaks or leaks the Landlord is required to fix the problem with no

charge. If an electrical switch or electrical outlet goes bad, the Landlord is required to

fix the problem with no charge. If the furnace or air conditioner breaks down, the

Landlord is required to fix the problem by repair or replacement with no charge. If the

lines in the house or apartment complex or room short or if there is a problem with the

telephone jack, the Landlord is required to fix the problem with no charge.