A Lease of Residential Property Contains an Implied Warranty of Habitability and Fitness
Walker, Susan D.
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Discusses Mease v. Fox, and the Iowa Supreme Court’s decision to discontinue its application of doctrine of caveat emptor, instead recognizing an implied warranty of habitability and fitness in an oral or written lease of residential property. The author states that, “hopefully, Texas will join Iowa in adopting the implied warranty theory. Such an action would conform the lease more closely to the actual expectations and needs of the modern landlord and tenant.”