The lease
A lease is both a conveyance of possession and a contract. It sets the term, the rent and each side’s duties. Under many state statutes of frauds, leases longer than one year must be in writing. Most states also have landlord-tenant statutes covering security deposits, notice to end a tenancy and eviction procedure.
The warranty of habitability
We now reverse and hold that a warranty of habitability, measured by the standards set out in the Housing Regulations for the District of Columbia, is implied by operation of law into leases of urban dwelling units covered by those Regulations and that breach of this warranty gives rise to the usual remedies for breach of contract.
Javins v. First National Realty Corp., 428 F.2d 1071, 1072–1073 (D.C. Cir. 1970)
In Javins, tenants sued for nonpayment raised housing-code violations as a defense. Today nearly every state recognizes a warranty of habitability for residential leases, by statute or case law, though remedies differ.
Eviction
A landlord generally must go to court to evict a tenant; self-help measures such as changing locks or shutting off utilities are prohibited in most states. Eviction cases move quickly, so deadlines to respond are short.
Researching warranty of habitability in your state
First, find the statute or rule that governs warranty of habitability where you live. State law controls most of these questions, so the answer can change from one state to the next. Next, read recent decisions from the appellate courts in your state. They show how judges apply the law today. Also, check the local rules of the court that would hear your case. Our state procedures guide links to each state’s official rules. In addition, the Research Center explains how to confirm a source is still good law.
Sources and further reading
Official sources used on this page:
Related reading on Lawtopolis:
Sources
- Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970)
Official sources:
static.case.law/f2d/428/html/1071-01.html
Sources last reviewed: 2026-10-23
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.