Habitability


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Related to Habitability: inhabitability, Habitability zone

Habitability

Fitness for occupancy. The requirement that rented premises, such as a house or apartment, be reasonably fit to occupy.

A Warranty of habitability is an implied promise by a landlord of residential premises that such premises are fit for human habitation. It exists in a majority of states, either by statute or case law, and implies that the premises are free from any condition that is unsafe or unsanitary. A breach of this warranty would, for example, occur if none of the toilets were in working order or if the roof of a house was in total disrepair.

A warranty of habitability begins at the commencement of the tenancy and continues for its duration.

References in periodicals archive ?
In contrast, "The supreme court has authorized enforcement of the covenants of habitability in three specific ways: (1) The tenant may assert breach of the covenants as a defense to the landlord's unlawful detainer action for nonpayment of rent; (2) The tenant may continue to pay rent and bring his own action to recover damages for breach of the covenants by the landlord; (3) The tenant, after vacating the premises and suspending rent payments, may raise breach of the covenants as a defense to an action by the landlord for rent."
In this context, the term inhabit is fundamental to this reflection and it is important to outline an approximation of the notion of habitability and its implications in the complex process of design.
Johnson's affirmative defense and counterclaim for breach of the lease based on the implied warranty of habitability asserting such could not be raised because Ms.
But for all the bluster and armchair quarterbacking from both sides, housing habitability may be a symptom of another kind of problem well beyond landlord neglect or irresponsible tenants.
Consequently, the research world has been required to develop appropriate interdisciplinary methodological frameworks in order to study and solve habitability, thereby provoking a great debate concerning the meaning of interdisciplinary discussion and how this approach can be promoted.
While facially a great benefit to tenants, the warranty of habitability found in Real Property Law [section] 235-b, winds up working against tenants and for nobody once this cycle initiates.
The legislature in addressing the issue of implied warranty of habitability may decide that a disclaimer should not release the builder who has sold a defective structure.
SEOUL - South Korea has decided to actively enhance the habitability of a disputed set of islets in the Sea of Japan also claimed by Japan, including building a marine hotel there, a Seoul daily reported Monday.
"These results point to a rich diversity of Noachian environments conducive to habitability," the authors conclude.
Michel de Certeau, in The Practice of Everyday Life, uses reading and writing as a model for habitability, claiming that readers mutate the author's text in order to make it "habitable" (xxi).
Put simply, it is wrong to destroy the habitability of our planet and ruin the prospects of every generation that follows ours."