What must be present for an implied warranty of habitability to apply?

The presence of an implied warranty of habitability is fundamentally linked to the condition of the rental property. This legal doctrine ensures that residential properties are fit for human habitation, meaning they must be safe, livable, and compliant with applicable health and safety codes. The essence of this warranty is to protect tenants from living in conditions that could be detrimental to their health and safety.

It is not sufficient for the property to have been rented recently; what matters is that it adheres to the standard of livability at the time of rental. While a property management team or rapid reporting of issues may assist in maintaining property conditions, they are not prerequisites for the warranty itself to apply. The key factor remains the overall state of the property, which must meet necessary standards to fulfill the implied warranty of habitability.