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Habitability

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Through Human, Housing and Space exploration

Habitability in law

Habitability is the conformance of a residence or abode to the implied warranty of habitability. A residence that complies is said to be habitable. It is an implied warranty or contract, meaning it does not have to be an express contract, covenant, or provision of a contract. There was no implied warranty of habitability for tenants at common law and the legal doctrine has since developed in many jurisdictions through housing laws and regulations. Habitability is a common law doctrine that is largely synonymous with tenantability. In Architecture, the term habitability is understood to be an umbrella term for the suitability and value of a built habitat for its inhabitants in a specific environment over time.

In order to be habitable, such housing usually:

Consequences

Violation of the warranty of habitability results in constructive eviction, whereby the landlord or lessor has, in effect, evicted the tenant or lessee. The tenant may remedy the problem, or complain to local government authorities for remedies.

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