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Property Law Keyed to Kurtz
Wade v. Jobe
Citation:818 P.2d 1006
The defendant rented a house from the plaintiff. Shortly after she took occupancy, the tenant discovered numerous defects in the dwelling, and within a few days, she discovered there was no hot water. Investigation revealed that the flame of the water heater had been extinguished by accumulated sewage and water in the basement which also produced a foul odor throughout the house. The defendant notified the plaintiff that she would withhold rent until the sewage problem was solved permanently. A health inspector later revealed that the premises was unsafe for human occupancy. The tenant later moved out of the house and the landlord brought suit to recover unpaid rent.
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