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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 59

Citation
Section 59
Parent Document
Miles v. Shauntee, 664 S.W.2d 512 (1983)
Jurisdiction
Kentucky (state)
Effective Date
1983-10-12

Other Sections in This Document (68)

Full Text

737 chars
Appellants argue that an implied warranty of habitability should arise from local housing or health codes absent an express provision in the contract of lease and absent such a provision in the ordinance or regulation in question. Absent an expression to the contrary such provisions do not create an implied warranty of habitability, or create a cause of action in the tenants. The remedies for violations are found within the codes, ordinances or regulations themselves. It is for the legislature to create rights and duties nonexistent under the common law. Absent legislation to the contrary the established doctrine in effect in Kentucky is that the tenant takes possession of the premises as he first finds them, Whitehouse, supra,