Property Ownership

In Minnesota, which of the following is TRUE about the 'implied warranty of habitability' in residential property?

AIt only applies to new construction
BIt is an implied promise that a leased residential property is fit for human habitation at the start of and throughout the tenancy✓ Correct
CIt can be waived by the tenant in writing
DIt only covers major structural defects, not minor maintenance issues

Explanation

The implied warranty of habitability requires Minnesota landlords to provide and maintain residential rental property in a condition fit for human habitation throughout the tenancy. This includes adequate heating, plumbing, structural integrity, and freedom from health hazards. Courts have held this warranty cannot be waived by the tenant.

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