What is an implied warranty of habitability?
As a tenant, you have a right to a safe, decent, and sanitary place to live. The implied warranty of habitability is a legal duty imposed on residential landlords that a rental unit has to comply with State building and sanitary codes in order for people to live there. If a premises is in violation of these codes, and a tenant is injured, the landlord can be held liable for the injury under this implied warranty. It is not a warranty that can be waived.
Does this warranty extend to guests of tenants?
In Masschusetts, yes. The Supreme Judicial Court ruled in Scott v. Garfield, 454 Mass. 790 (2009), that guests of tenants could recover from landlords if they were injured on the tenant’s rented property. The Court found in favor of this because, logically, a tenant might invite a guest to his rented home, rented homes must be safe for guests to visit, and landlords have an obligation to maintain a habitable premises for their tenants.
The law firm of Colucci, Colucci, Marcus & Flavin, P.C. has been recognized by Newsweek.com as one of the Top 10 Best Law Firms for Personal Injury in the Country. Attorney Darin Colucci has also been recognized by Newsweek.com for 3 consecutive years as one of the Top 10 Best Personal Injury Attorneys in the Country.