Habitability
From Wikipedia, the free encyclopedia
- For habiltability of planets, see Planetary habitability.
Habitability is the conformance of a residence or abode to the implied warranty of habitability. A residence that complies is said to be "habitable." It is an implied warranty or contract, meaning it does not have to be an express contract, covenant, or provision of a contract. It is a common law right of a tenant.
In order to be habitable, such housing:
- must provide shelter, with working locks
- must be heated in the winter months (typically between October 1st and March 31st in the Northeastern United States)
- must not be infested with vermin, such as mice, roaches, termites, etc.
- the landlord stops other tenants from making too much noise (as measured by the decibel scale) or from selling narcotics
- provides potable water.
Violation of the warranty of habitability results in constructive eviction, whereby the landlord or lessor has, in effect, evicted the tenant or lessee.
