What does the implied warranty of habitability cover?

UPDATED: Jun 18, 2012

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What does the implied warranty of habitability cover?

I am in a state with 95 degree weather and an inside temperature of at least 85 degrees. The landlord is unable to find the AC part and estimates 5 days before repair. We are unable to open windows because of no screens. We have tried anyways and received a house full of mosquito’s. What are the obligations of the landlord at this point?

Asked on June 18, 2012 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country, the "implied warranty of habitability" covers basic living conditions for a person living in a rental in accordance with a community's health and safety code.

Different communities have different habitability standards.

The issue is not if there is a temporary problem with a unit where an appliance has broken down and the landlord is trying to get it repaired. Rather, the issue as in your case there is poor ventilation and lack of air conditioning in your rental for weeks on end and the landlord simply does not heed your request to rectify the situation.

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