Monthly Archives: October 2012

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Two Warranties of Habitability

Washington tenants now have not just one, but two warranties of habitability. This is the upshot of a recently published Court of Appeals decision.[1]   Since 1973 there has been an unresolved issue of whether there is one implied warranty defined in the Residential Landlord-Tenant Act, or also another created by case law. In 1973 the Washington Supreme Court held in Foisy v. Wyman that residential tenancies have an implied warranty of habitability.[2]  Also in 1973 the legislature passed into law the Residential Landlord-Tenant Act (RLTA).[3]   These two developments in Washington landlord-tenant law occurred independently. The Foisy case originated […]