habitability

habitability
Condition of premises which permits inhabitant to live free of serious defects to health and safety. Warranty of habitability. Under "implied warranty of habitability," applicable to new housing, the builder-vendor warrants that he has complied with the building code of the area in which the structure is located and that the residence was built in a workmanlike manner and is suitable for habitation. Duncan v. Schuster-Graham Homes, Inc., 39 Colo.App. 92, 563 P.2d 976, 977.
In most states, either by statute or case law, every landlord is held to impliedly warrant that the residential premises rented are fit for human habitation (i.e. free of violations of building and sanitary codes) at the time of the inception of the tenancy, and will continue as such during the term. Boston Housing Authority v. Hemingway et al., 363 Mass. 184, 293 N.E.2d 831; Hinson v. Delis, 26 Cal.App.3d 62, 102 Cal.Rptr. 661.
See Uniform Residential Landlord and Tenant Law, No. 2.104.

Black's law dictionary. . 1990.

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