What must be present for a valid implied warranty of habitability?

For an implied warranty of habitability to be valid, the leased premises must meet certain health and safety standards for tenancy. This means that the property must be suitable for living and must not have any serious defects that could harm the tenant's health or safety. The warranty implies that the landlord is responsible for maintaining the property in a condition that is safe and fit for human habitation throughout the duration of the lease.

This concept primarily ensures that tenants can live in a space that complies with building codes, sanitation laws, and the general standards expected for residential properties. If the premises do not meet these requirements, the tenant may have grounds to take legal action against the landlord for failing to uphold the implied warranty of habitability.

Other options, while they may relate to property regulations or specific lease terms, do not directly address the fundamental requirement of the implied warranty of habitability itself. For instance, the location in a designated residential area or the duration of the lease doesn't inherently determine whether the property is habitable. Utilities being included in rent can enhance living conditions but is not a necessity for the validity of the warranty.