What defense can a landlord use against a claim of breach of warranty of habitability regarding essential services?

The defense of impossibility of performance is applicable when a landlord is unable to provide essential services due to circumstances beyond their control. This could include situations like natural disasters, governmental actions, or other unforeseen events that prevent the landlord from meeting their obligations. If the landlord can demonstrate that these extraordinary circumstances made it impossible to maintain habitability and provide necessary services, such as heat, water, or electricity, they may successfully defend against a claim of breach of the warranty of habitability.

In contrast, financial hardship does not excuse a landlord from fulfilling their obligations; they are still required to ensure habitability regardless of their financial situation. Lack of awareness cannot serve as a defense since landlords are generally expected to know the conditions of their rental properties. Similarly, tenant negligence might affect the maintenance of the premises but does not absolve the landlord of their responsibility to provide habitable living conditions. Thus, the defense of impossibility of performance stands as a valid justification for the landlord when fulfilling the warranty of habitability becomes unfeasible due to extraordinary conditions.