Cited. 4 CA 209; Id., 608; 10 CA 527; 12 CA 172; 13 CA 1; 16 CA 444; 31 CA 359; 32 CA 133; 35 CA 126; judgment reversed, see 235 C. 360; 40 CA 219; Id., 595; 42 CA 324; judgment reversed, see 242 C. 236; 43 CA 578; 45 CA 46.
Tenants may plead breach of implied warranty of habitability as special defense to action for summary process. 35 CS 233. Cited. 36 CS 47; Id., 611; 37 CS 873. Failure to install smoke detectors constitutes a material safety hazard and tenants are relieved of obligation to pay rent during period detectors not installed. 38 CS 67. Cited. Id., 393; Id., 683; 41 CS 283; 44 CS 544.
Subsec. (a):
Subdiv. (4): Standard set forth in Subdiv. clearly requires plaintiffs to show more than their dissatisfaction with the condition and operation of work completed. 213 CA 375.
Subdiv. (2): Intent of legislature was to make landlord's duty to maintain premises in a habitable condition dependent upon the covenant to pay rent; tenant was relieved of obligation to pay rent while her apartment was uninhabitable. 35 CS 151. Tenant's unilateral, self-serving declaration that conditions violate municipal codes is insufficient to meet burden of proof that conditions justify withholding rent. Id., 549. No provision in statute requires landlord to provide lawn and yard care; such expense is not necessary to keep premises “fit and habitable”. Id., 603.
(Return to Chapter
Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)