What Is a Warranty of Habitability?
A warranty is a promise relating to past or existing fact that incorporates a “commitment by the promisor that he will be responsible if the facts are not as manifested.” 1 Samuel Williston, A Treatise on the Law of Contracts ยง 1:2, at 10 (Richard A. Lord, ed., 4th ed. 1990). Habitability means reasonably fit for occupation as a dwelling. See Webster’s Third New International Dictionary 1017 (1993). Thus, when a landlord warrants habitability, the warranty is an affirmative declaration of the apartment’s fitness for habitation, that is, as a dwelling place. Habitability is not the same as no risk of harm. Conditions which might cause injury can flow from many actors besides the lessor–builders, independent contractors, or even negligence by visitors. An apartment can thus provide adequate shelter and amenities, as promised, and still be a place which presents some risk.See footnote 5 A case of negligence in leaseholds is subject to tort principles. See Childress, 546 N.E.2d 1221 (find
