Tenant complained about secondhand smoke.

Position:WARRANTY OF HABITABILITY
 
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Landlord sued former tenant for $12,000 in unpaid rent after tenant broke her lease and moved out several months before her lease expired. Tenant claimed that landlord owed her money for rent paid and property damage to clothing. The court ruled against both landlord and tenant. Landlord failed to resolve tenant's complaints of cigarette smoke coming from the apartment below her, and its attempts to caulk and seal vents were inadequate. This justified a two-month rent abatement for a breach of the...

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