ND Bar Practice Questions - North Dakota Bar Examination Exam

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A residential lease is silent on the condition of the premises. The apartment has no heat and a broken water line, making it uninhabitable. In most jurisdictions, the tenant may invoke:

The doctrine of waste against the landlord The implied warranty of habitability, which obligates a residential landlord to maintain the premises in a habitable condition The rule against perpetuities The Statute of Frauds to void the lease

Correct Answer:

The implied warranty of habitability, which obligates a residential landlord to maintain the premises in a habitable condition

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