WHAT DOES BREACH OF WARRANTY OF HABITABILITY MEAN?
When you rented your apartment, the law requires that your landlord promise that it is not dangerous to life, health and safety and is fit the human habitation. If the apartment was not in good condition when you rented it or bad conditions occurred while you lived there, the landlord has “breached the warranty of habitability”. THIS DEFENSE IS NOT AVAILABLE IF YOU OR OR FAMILY CAUSED THE CONDITION. However, a breach of warranty of habitability can exist even if it is caused by a person other than your landlord, such as another tenant. If the landlord has breached the warranty of habitability, he may not be entitled to the full rent. The amount of rent your landlord will be entitled to depends upon how bad the conditions in the apartment are. HOW DO I PROVE A BREACH OF THE WARRANTY OF HABITABILITY? There are several things you must prove to be successful when using this defense: 1. The landlord had notice of the conditions. That means that when bad conditions occur, you or a government
