Home > West's Encyclopedia of American Law > Habitability

Fitness for occupancy. The requirement that rented premises, such as a house or apartment, be reasonably fit to occupy.

A WARRANTY of habitability is an implied promise by a landlord of residential premises that such premises are fit for human habitation. It exists in a majority of states, either by statute or case law, and implies that the premises are free from any condition that is unsafe or unsanitary. A breach of this warranty would, for example, occur if none of the toilets were in working order or if the roof of a house was in total disrepair.

A warranty of habitability begins at the commencement of the tenancy and continues for its duration.