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In the Spotlight: What Are You Implying?

By Joseph E. Rubas
November 25, 2013

The words “implied warranty of habitability” usually give lessors a headache. Most lessors have run across the implied warranty of habitability during a dispute with a tenant of a residential property. This implied warranty may be raised by a tenant seeking to offset rent, which is owed because the tenant claims that a substantial defect renders the premises unsafe or unsanitary. The warranty is implied as a matter of law in all contracts for the lease of residential properties. Jack Spring, Inc. v. Little, 50 Ill.2d 351, 280 N.E.2d 208 (1972); Pole Realty Co. v. Sorrells, 84 Ill.2d 178, 417 N.E.2d 1297 (1981).

Sometimes, however, it is the lessor who is raising the issue of implied warranties. When a lessor decides to build or improve property and hires a contractor, the lessor may find himself in the position of trying to include contract terms so that he, as the property owner, can enforce such implied warranties against a contractor.

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