Breach: 13. Breach of Implied Warranty of Habitability
1Elements and Case Citations
The elements of a cause of action for breach of the implied warranty of habitability are:
- The existence of a material defective condition affecting the premises’ habitability;
- Notice to the landlord of the condition within a reasonable time after the tenant’s discovery of the condition;
- Reasonable time for the landlord to correct the deficiency; and
- Resulting damages.
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- The rest of the elements for this cause of action;
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- The statute of limitations; and
- The defenses to this cause of action.
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