Description
Constructive Eviction and the Implied Warranty of Habitability
Steve is renting a property from Billy. One evening Steve tripped and fell down the stairs. The issue is that one of the stairs in the common area was faulty. Billy knew about the stair, but he had never got around to fixing it.
Steve injured his leg, so he decided to return to his room. The heater was not working (and it was in the middle of winter). Steve had told Billy about the faulty heater for months, but Billy never got around to fixing it. There is a local ordinance that requires landlords to repair heaters. Additionally, assume that this jurisdiction includes the implied warranty of habitability. The jurisdiction recognizes constructive eviction, and it follows the majority rule of when landlords are liable for injuries.
- What causes of action does Steve have?
- What remedies does he have for the faulty heater?
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Explanation & Answer
Attached.
Running Head: Constructive Eviction and Implied Warranty of Habitability
Constructive Eviction and Implied Warranty of Habitability
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Q: Steve is renting a property from Billy. One evening Steve tripped and fell down the
stairs. The issue is that one of the stairs in the common area was faulty. Billy knew about
the stair, but he had never got around to fixing it.
Steve injured his leg, so he decided to return to his room. The heater was not working (and
it was in the middle of winter). Steve had told Billy about the faulty heater for months, but
Billy never got around to fixing it. There is a local ordinance that requires landlords to
repair heaters. Additionally, assume that this jurisdiction includes the implied warranty of
habitability. The jurisdiction recognizes constructive eviction, and it follows the majority
rule of when landlords are liable for injuries.
What causes of action does Steve have?
As per the jurisdiction in this matter, Steve can seek redress from the Courts citing the violation
of impl...
