This paper will discuss (and take issue with) the position of a significant number of American courts which have held that there is no warranty of habitability implied in a lease. It will demonstrate the failure of many courts in this country to improve the common law rule, which has proven unrealistic in light of current legislative housing standards and building codes.
Ira O. Kane,
Implied Warranty of Habitability in Leases,
20 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol20/iss1/68