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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kline v. Burns, 111 N.H. 87 (1971)

Citation
Kline v. Burns, 111 N.H. 87 (1971)
Parent Document
Kline v. Burns, 111 N.H. 87 (1971)
Jurisdiction
New Hampshire (state)
Effective Date
1971-04-05

Full Text

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In our opinion the above considerations demonstrate convincingly that in a rental of an apartment as a dwelling unit, be it a written or oral lease, for a specified time or at will, there is an implied warranty of habitability by the landlord that the apartment is habitable and fit for living. This means that at the inception of the rental there are no latent defects in facilities vital to the use of the premises for residential purposes and that these essential facilities will remain during the entire term in a condition which makes the property livable. Marini v. Ireland, 56 N.J. 130, 144, 265 A.2d 526, 533 (1970); Javins v. First Nat’l Realty Corp. supra; Lemle v. Breeden, 51 Hawaii 426, 433, 462 P.2d 470, 474 (1969); Lund v. MacArthur, 51 Hawaii 473, 475, 482 P.2d 461, 463 (1969). *93