미국 주택임대차에 있어서 주거적정성의 묵시적 보장

The common law characterized a lease as a conveyance of real property, and caveat emptor applied to residential leases, so the landlord had no duty to repair defects. Over time, however, social and economic conditions began to undermine the conceptual basis for landlord immunity. Courts in most states adopted the implied warranty of habitability doctrine, deciding that in some circumstances an exception should apply to the general caveat emptor rule. The implied warranty of habitability, generally, is a warranty implied by law that by leasing a residential property, the landlord is promising that the property is suitable to be lived in. The warrant of habitability can be breached if there is no heat, hot water, or other essential services. The breach of the implied warrant of habitability can be used to legally break a lease. If the factors have been created or are controllable by the landlord and he has not fixed them despite ample notification, this situation can also be considered constructive eviction, which allows the tenant to break the lease, but also may allow the tenant to sue for damages in some jurisdictions. As the creation of the statutory warranty of habitability, URLTA is the ideal guideline for states imposing landlord and tenant law, and Colorado's new law, the Implied Warranty of Habitability Act, imposes certain statutory duties on the landlord for ensuring compliance with the Act as to the condition of the leased premises throughout the tenancy and articulates the physical characteristics of a premises that must be in compliance with the Act; and allows the tenant specific remedies in the event the landlord fails to comply with the Act. These remedies can include termination of an existing lease agreement, imposition of actual damages, and injunctive relief.