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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Business: Constructive Eviction
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Constructive Eviction: The Case of Steve vs. Billy
The tenant holds some rights with regard to lease of a property, and these rights includes right to a habitable environment. However, sometimes the landlord can evict tent legally or illegally through constructive eviction (Lee, 2011). Constructive eviction occurs when the landlord neglects his duty to provide a habitable environment as enacted under the Warranty of Habitability. The implied warranty of habitability requires that the property owner provide a premise that is fit for use. In the case of Steve vs. Billy, the property owner failed to observe the warranty of habitability, therefore, Billy has a number of causes of actions to take against the landlord for the violation of the jurisdiction.
The Causes of Actions Available to Steve In the case, Steve had informed Billy about the faulty staircase and the heater. However, Billy neglected his duties as governed by the Warranty of Habitability. Therefore, he is liable for the injuries caused to Steve. Steve can seek for constructive eviction claims that were incurred due to the injuries sustained when he fell in the staircase. According to (National Paralegal College, 2016), it is the duty of the landlord to provide a habitable environment. An inhabitable environment is defined by a premise that has all the necessary equipment functioning and includes repair and maintenance of property and equipment……………………………………..……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
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