Implied Warranty of Habitability Law and Legal Definition

An implied warranty is a contract law term for certain assurances that are presumed in the sale of products or real property. It arises from a transaction. It is the inherent understanding by the buyer, rather than from the express representations of the seller. The implied warranty of habitability is an unwritten promise that the apartment is in a habitable condition and that it will remain so during the term of the lease. The landlord further warranties that h/she will maintain the property as required by the housing code and will make the repairs necessary to keep the apartment in that condition. Problems with essential building services and cleanliness are examples for breaches of implied warranty.