Wade v. Jobe case brief summary
818 P.2d 1006 (1991)
CASE FACTS
The tenant rented a house from the landlord. Shortly after she took occupancy, the tenant discovered numerous defects in the dwelling. The landlord attempted to remedy the defects but they kept reoccurring. The tenant notified the landlord that she would withhold rent until the sewage problem was solved permanently. The situation did not improve, and an inspection by the city revealed that the premises were unsafe for human occupancy due to the lack of a sewer connection and other housing code violations. The tenant moved out of the house.
PROCEDURAL HISTORY
The landlord brought suit and was awarded unpaid rent. The tenant was denied any offsets, and her counterclaim was dismissed. The tenant appealed.
DISCUSSION
CONCLUSION
The court affirmed in part, reversed in part, and remanded. The court affirmed the dismissal of the tenant's counterclaim for declaratory relief. The court reversed and remanded the trial court's determination regarding the implied warranty of habitability. The court ordered the trial court to determine whether the landlord breached the implied warranty of habitability as defined in the opinion.
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818 P.2d 1006 (1991)
CASE SYNOPSIS
Plaintiff landlord sued defendant
tenant for rent owed after she moved out. The tenant filed a
counterclaim seeking damages and an offset against rent owed because
of the uninhabitable condition of the premises. The Second District
court, Weber County, awarded the landlord the unpaid rent. The tenant
was denied any offsets and her counterclaim was dismissed. The tenant
appealed.CASE FACTS
The tenant rented a house from the landlord. Shortly after she took occupancy, the tenant discovered numerous defects in the dwelling. The landlord attempted to remedy the defects but they kept reoccurring. The tenant notified the landlord that she would withhold rent until the sewage problem was solved permanently. The situation did not improve, and an inspection by the city revealed that the premises were unsafe for human occupancy due to the lack of a sewer connection and other housing code violations. The tenant moved out of the house.
PROCEDURAL HISTORY
The landlord brought suit and was awarded unpaid rent. The tenant was denied any offsets, and her counterclaim was dismissed. The tenant appealed.
DISCUSSION
- On appeal, the court affirmed the dismissal of the tenant's counterclaim for declaratory relief.
- The court reversed and remanded the trial court's determination regarding the implied warranty of habitability.
- The court ordered the trial court to determine whether the landlord breached the implied warranty of habitability as defined in the opinion.
CONCLUSION
The court affirmed in part, reversed in part, and remanded. The court affirmed the dismissal of the tenant's counterclaim for declaratory relief. The court reversed and remanded the trial court's determination regarding the implied warranty of habitability. The court ordered the trial court to determine whether the landlord breached the implied warranty of habitability as defined in the opinion.
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