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plaintiffdefendantleasehabitability
plaintiffdefendantleasehabitability

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Pines v. Perssion, 14 Wis.2d 590, 111 N.W.2d 409

Facts

The plaintiffs, students at the University of Wisconsin, entered into a lease with the defendant for a house that was to be suitable for student housing. Upon inspection, the house was found to be in a filthy condition, and the defendant promised to clean and repair it before the lease commenced. However, when the plaintiffs moved in, the house remained uninhabitable due to various building code violations, leading them to vacate the premises shortly after occupancy.

The plaintiffs, students at the University of Wisconsin, entered into a lease with the defendant for a house that was to be suitable for student housing.

Issue

Did the lease contain an implied warranty of habitability, and if so, was it breached by the lessor?

Did the lease contain an implied warranty of habitability, and if so, was it breached by the lessor?

Rule

The court recognized an implied warranty of habitability in leases, particularly for furnished houses, which requires the premises to be fit for occupancy at the start of the lease term.

The court recognized an implied warranty of habitability in leases, particularly for furnished houses, which requires the premises to be fit for occupancy at the start of the lease term.

Analysis

The court determined that the implied warranty of habitability was breached because the house was not in a condition suitable for occupancy when the lease began. The evidence showed that the plumbing, heating, and wiring systems were defective, which violated building codes. As a result, the lessees were not liable for rent due to the lessor's failure to provide a habitable dwelling.

The court determined that the implied warranty of habitability was breached because the house was not in a condition suitable for occupancy when the lease began.

Conclusion

The court held that the lessees were entitled to recover their deposit and labor costs, minus a reasonable rental value for the time they occupied the premises. The case was remanded for further proceedings to determine the appropriate rental value.

The court held that the lessees were entitled to recover their deposit and labor costs, minus a reasonable rental value for the time they occupied the premises.

Who won?

The lessees prevailed in the case because the court found that the lessor breached the implied warranty of habitability, relieving them of their obligation to pay rent.

The lessees prevailed in the case because the court found that the lessor breached the implied warranty of habitability, relieving them of their obligation to pay rent.

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