Hilder v. St. Peter

Plaintiff entered into a lease agreement with defendant in which plaintiff would occupy an apartment owned by defendant. While defendant granted possession to plaintiff, defendant did not take steps to cure defects in the apartment which included, presence of raw sewage, an awful stench and general conditions of disrepair.

In the rental of any residential dwelling unit an implied warranty exists in the lease, whether oral or written, that the landlord will deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean and fit for human habitation. In determining whether there has been a breach of the implied warranty of habitability, a substantial violation of an applicable housing code shall constitute prima facie evidence that there has been a breach of the warranty of habitability.

Landlord/Tenant