Waiver of implied warranty of habitability
The warranty of habitability is a legal right you cannot waive. This clause is unenforceable in every state.
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What it actually means
Every state implies a warranty that rental units will be safe and livable. Landlords must maintain heat, water, structure, and safety.
A clause purporting to waive this is void. Don't let it scare you — the law protects you regardless of what you signed.
What it looks like in a lease
"Tenant waives any implied warranty of habitability and accepts the Premises in its current condition."
What to watch for
- Other warranty waivers
- As-is clauses
How to negotiate it
'This clause is void as a matter of law. Please strike it.'
When it crosses into a red flag
- Any attempt to waive habitability
Frequently asked questions
What if I already signed?
The waiver is unenforceable. You still have full habitability rights.
Related clauses
General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.
