V. ANSWERS TO PROBLEMS AND PROBLEM
CASES:
1 Yes. The trial court awarded them damages
of$1,030
on their counterclaim and ruled
against
2. Yes. Because the lease did not contain a clause regarding the charge for carpet cleaning,
any
3. Lloyd and the Landlord have a duty to take appropriate action in order to avoid
possible
liability to the complaining tenants for breach of the covenant of quiet enjoyment.
Initially,
the appropriate course of action would be to bring the problem to the attention of Ajayi
and
4. Yes. The lease agreement contains an implied warranty of habitability and the landlord
also
has a statutory duty to maintain the premises in habitable condition. The warranty
of
habitability is not a warranty against all discomfort and inconvenience, and a breach of
the
v. Eagle Ridge
Condominiums,
653
N.E.2d 759 (Toledo
Mun.
Ct. Ohio
1995).
5. No. The
Eighth Circuit affirmed
a
district court grant
of
summary judgment
in
favor
of the
6. No. The landlord was liable for damages caused by his negligence. In a
lease
involving property leased to multiple tenants, the landlord as a duty to use
reasonable
7. Yes. The court noted that a landlord owes a duty of reasonable care to his
tenants,
including the duty to keep the common areas of the building in reasonably
safe
condition. This duty was breached in this case and the negligent actions were
the
8. No. The court held that Parkin did not have the right to evict Fitzgerald. Where
the
notice of eviction came so close to the report to the city, the landlord had to show
that
9. No. Sommer had a duty to mitigate the damages caused by the
tenant’s abandonment
of the lease. Although there is a split of authority concerning whether
landlord’s have