2. Kenmart Realty sued to evict Mr. and Ms. Alghalabio for non-payment of rent a

Question

2. Kenmart Realty sued to evict Mr. and Ms. Alghalabio for non-payment of rent and sought the unpaid monies, totaling several thousand dollars. In defense, the Alghalabios claimed that their apartment was infested with rats. They testified that there were numerous rat holes in the walls of the living room, bedroom, and kitchen; that there were rat droppings all over the apartment; and that on one occasion, they saw their toddler holding a live rat. They testified that the landlord had refused numerous requests to exterminate. Please rule on the landlord's suit.

Explanation / Answer

Kenmart realty would lose the case :

"the implied warranty of habitablity" states that the residential property must be habitable throughout the duration of the lease or rent.

Despite many requests, landlord refused to exterminate which is a violation of the "the implied warranty of habitablity " and hence landlord is can't sue for non-payment of rent as, legally, a landlord can't make profit from a unhabitable place/apartment.

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