Posted: August 9th, 2016

What is the implied warranty of habitability?

Bill and Ted are students at the New York University. They have rented an apartment together in a two story brownstone located near campus, and they paid the landlord a security deposit and the last month s rent. In the summer, temperatures soared above one hundred degrees. As the weather worsened, Bill and Ted were notified by the superintendant that the central air conditioning unit was to be replaced and they d be without air for one week. Bill and Ted asked the landlord to provide fans, but the landlord never responded to their repeated requests. Eventually, Bill and Ted stayed with friends until the air conditioning unit was replaced. The seasons changed and summer turned to fall, and the temperatures fell to the low thirties and twenties. As the snow fell, the water boiler in the basement broke down. Subsequently, the water pipes froze and as a result Bill and Ted were left without water. Bill and Ted contacted the landlord and asked that the water boiler be repaired. Their request fell on deaf ears. Bill and Ted have come to your office to find out what remedy they can seek. What is the implied warranty of habitability? Please analyze Bill and Ted s plight in light of the implied warranty of habitability. What can Bill and Ted do in response to the landlord s inaction?

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