ABA Family Legal Guide

Renting Residential Property

Maintaining Rental Property

Does the implied warranty of habitability apply only to tenants living in slum buildings?

No. It applies to all tenants. The original lawsuits that led to the courts creating the implied warranty were brought by legal services' lawyers on behalf of poor tenants. However, the courts did not create a legal distinction between tenants based on their income level. The standard of maintenance required applies to all residential buildings, all landlords, and all tenants.

Tenants at all income levels sometimes have problems with landlords providing inadequate maintenance. There is always a tension between a tenant wanting service and a landlord wanting revenue. It is not rare for an expensive apartment to have a faulty furnace, corroded plumbing, and even an infestation of roaches or rodents.