At common law, the rule of caveat emptor applied to a lease of real property. Therefore, it was the tenant's duty to inspect the premises before leasing them to determine their safety and adaptibility to his needs. With the rare exceptions of fraud, misrepresentation or express warranty, the landlord was not liable to a tenant who was injured by defects in the premises. Under no circumstances was there an implied warranty in the lease of real property that the premises were suitable for occupancy. Today, the great weight of authority, in the absence of statute, is in accord with the common law. Simply stated, the ma- jority rule is that there is no implied warranty of habitability in a lease- hold estate, unless such a warranty can be inferred from the terms of the written lease. The primary exception to the majority rule appears in the lease of furnished premises for a short term.
Implied Warranty of Habitability in Lease of Furnished Premises for Short Term: Erosion of Caveat Emptor,
U. Rich. L. Rev.
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