Implied Warranty of Habitability

In many states, courts recognize an implied warranty of habitability in residential leases. An express warranty is a warranty or guarantee that is specifically stated, whether written (in the lease agreement) or spoken by the landlord to the tenant. In contrast, an implied warranty is a warranty that is not written or spoken but is implied by law.

The implied warranty of habitability generally requires the landlord to maintain the leased premises in a livable condition of basic living and safety standards—including hot water, drinkable (potable) water, heat, electricity, gas, ventilation, smoke detectors, locks, working bathroom and toilet, removal of insects and rodents, and compliance with local building codes.

The implied warranty of habitability may require a landlord to make repairs and provide basic living conditions even if the lease agreement does not obligate the landlord to make repairs.

Implied Warranty of Quiet Enjoyment

In many states, courts recognize a landlord's implied warranty or covenant (promise) of quiet enjoyment in a residential lease agreement. The implied warranty or covenant of quiet enjoyment generally requires the landlord to prevent unreasonable and unexpected noise and other disturbances that might prevent the tenant from enjoying the peace and quiet of the leased premises. The implied warranty or covenant of quiet enjoyment is often referred to as the tenant's right to quiet enjoyment.

Some states—such as California—have specifically stated in their statutes (laws enacted by the state legislature) that every residential lease agreement includes an implied covenant of quiet enjoyment. City and municipal codes and ordinances may also provide for an implied covenant of quiet enjoyment. And some residential lease agreements include an express (stated) covenant of quiet enjoyment.

Quiet enjoyment can be difficult to define due to the great variations in residential living in the United States. A tenant who leases an apartment on a busy street or bar district in a large city cannot reasonably have the same expectation of quiet as a tenant who leases a home in the countryside.

But there are some disturbances that a tenant could not reasonably anticipate and should not have to suffer. Some examples of disturbances that may interfere with a tenant’s right to quiet enjoyment include:

• Ongoing or recurring disruptive noises or behaviors from neighbors, such as loud music, barking dogs, late-night parties (if the landlord won’t stop them), or loud domestic arguments from neighboring apartments

• A landlord entering the leased premises too often, unnecessarily, or without proper notice

• Unnecessary, ongoing, and previously undisclosed construction, improvements, upgrades, or maintenance work that continues much longer than initially stated

• A landlord harassing a tenant or a tenant’s guest in person or by phone

• Cockroaches, rats, or other pests or vermin living in the walls and making audible noises

In contrast with these recurring or ongoing nuisances or disturbances that may breach the landlord’s implied warranty or covenant of quiet enjoyment, reasonable or one-time disturbances that don’t necessarily breach the landlord’s implied warranty or covenant of quiet enjoyment include:

• emergency maintenance or repairs in the leased premises

• scheduled maintenance or repairs or upgrades completed in the leased premises when the landlord provides the proper notice that it or its representative will be in the leased premises for this purpose

• upstairs or adjoining neighbors walking around, talking, laughing, watching television, listening to music, or having friends or family over at reasonable times and noise levels

• a neighbor’s smoke alarm going off when cooking dinner

• the landlord regularly calling or knocking on the door to collect past due rent

• routine inspections upon proper notice, as provided in the lease agreement

• reasonable noise levels from community members and guests gathering at a community swimming pool, basketball court, or other activity in the common areas of the leased premises.

In New Hampshire (NH), the implied warranty of habitability is a legal doctrine that requires landlords to maintain their rental properties in a condition that is safe and suitable for living. This includes ensuring that essential services such as heat, water, electricity, and sanitation facilities are provided and that the property complies with health and safety codes. If a landlord fails to provide these basic conditions, tenants may have legal recourse, such as withholding rent or repairing the issue and deducting the cost from the rent. Additionally, NH recognizes the implied warranty of quiet enjoyment, which means that tenants have the right to peacefully enjoy their rented property without undue disturbance from the landlord or other sources of significant and ongoing noise or disruption. This warranty is breached when a landlord or other disturbances prevent the tenant from having the peaceful use of their home. However, reasonable disturbances, such as emergency repairs or routine maintenance with proper notice, do not typically breach this warranty. Tenants who believe their rights under these warranties have been violated may seek remedies through the legal system, potentially including rent abatement or termination of the lease.