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Forty (Plus) Years After The Revolution: Observations On The Implied Warranty Of Habitability, Donald E. Campbell

Journal Articles

The implied warranty of habitability has been called the “most prominent result” of the revolution in tenant rights that arose in the 1960s and 1970s. How has the revolution fared after forty-plus years? How have courts responded to the shift from examining the landlord-tenant relationship under the doctrines of contract in the place of property law? This article examines some of the issues that courts are addressing today with regard to the implied warranty of habitability. The article will begin with a historical discussion of the warranty’s rise to provide context for how truly revolutionary its adoption was. Then, jumping …