United States Leading Case warranty of habitabilityresidentialimplied terms

Javins v. First National Realty Corp.

428 F.2d 1071 (D.C. Cir. 1970)

JurisdictionUnited States

CourtUnited States Court of Appeals for the District of Columbia Circuit

Year1970

StatusPersuasive authority

Key Principle

An implied warranty of habitability, measured by the applicable housing code, is read by operation of law into residential urban leases, and its breach is governed by ordinary contract remedies — including a defence to a rent/possession action.

Area of Law

Land & Property

Related Cases

Dolan v. City of Tigard 512 U.S. 374 (1994); 114 S. Ct. 2309; 129 L. Ed. 2d 304

Lucas v. South Carolina Coastal Council 505 U.S. 1003 (1992); 112 S. Ct. 2886; 120 L. Ed. 2d 798

Nollan v. California Coastal Commission 483 U.S. 825 (1987); 107 S. Ct. 3141; 97 L. Ed. 2d 677

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