Property Management
What is 'habitability warranty' in Delaware residential rental property?
AA seller's warranty that the property is fit for occupancy at closing
BThe implied (and often statutory) warranty that a landlord makes to a tenant that the rental unit is and will remain in a habitable condition throughout the tenancy✓ Correct
CA warranty required only for newly constructed rental properties
DA warranty provided by a home warranty company to the landlord
Explanation
The implied warranty of habitability requires Delaware landlords to maintain residential rental units in a safe, sanitary, livable condition throughout the tenancy — adequate heat, running water, weatherproofing, structural safety, and compliance with housing codes. If a landlord breaches this warranty, Delaware tenants may have remedies including rent withholding, repair-and-deduct, or lease termination.
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