ABSTRACT

At common law, there is no implied covenant by a landlord that the premises let are or will be fit for human habitation, nor is there any implied covenant that the landlord will do any repairs whatever.26 However, there are the following exceptions:

Where residential premises are let furnished, there is an implied condition that they are fit for habitation at the commencement of the tenancy;27 for example, the drains must not be defective,28 nor must the premises be infested with bugs.29 But the landlord has no obligation to keep the premises habitable; so, if they subsequently become unfit, the landlord is not liable.30