A residential tenant complains that there is no functioning heat, water, or safe electrical service in the unit. Which doctrine most directly protects the tenant?
Correct Answer
C) Implied warranty of habitability
Implied warranty of habitability is correct because the facts match the landlord's obligation in residential leasing to provide and maintain premises fit for human habitation under applicable law. That is the best description of the relationship, right, or legal concept tested here.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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- → An owner lets a friend stay in a cottage with the owner's consent, with no fixed term, no rent due on any regular schedule, and the understanding that either party may end the arrangement at any time. What type of tenancy is this?
- → At move-in, the landlord collects money that may later be used for unpaid rent or damage beyond ordinary wear and tear. What is that payment called?
- → A residential tenant stops paying rent after the landlord ignores two months of written requests to repair a furnace that failed in mid-winter. The tenant stays in the unit and defends the landlord's suit for the unpaid rent. Which doctrine most directly supports the tenant's defense?
- → A property manager of a 40-unit apartment complex budgets $75 per unit per month, or $3,000, into a dedicated account, and $36,000 accumulates over twelve months. The account is designated solely for foreseeable repair and upkeep needs such as exterior painting, roof patching and appliance repair, and not for the manager's compensation or for day-to-day operating costs. Which budget item does the dedicated account represent?
- → Which of the following is NOT normally part of a property manager's obligations to the owner?
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The landlord changes the locks and bars the tenant from entering the apartment without a lawful court process. What has occurred?
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A tenant signs a written lease for a downtown apartment. The lease is silent about the condition of plumbing, heating, electrical, and structural systems. Two months in, the apartment's hot water heater fails. The tenant reports the failure, and applicable state law requires the landlord to repair the heater regardless of any lease silence — because residential leases automatically carry an obligation to keep the premises fit for ordinary residential living, an obligation the law treats as built into every such lease whether written into the contract or not. Which legal doctrine obligates the landlord to make the repair despite the lease's silence?