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https://www.casefox.com/web/docs/civil-complaint-various-cause-of-actions.doc
By failing to correct said defective conditions, Defendants have breached the warranty of habitability implied in all rental contracts under California law. 23. Defendants knew or should have known that permitting said defective conditions to exist threatened the physical and emotional health and well being of Plaintiff, and posed a serious ...
https://www.daleyzucker.com/tenant-remedies-implied-warrant-habitability-pennsylvania/
Aug 15, 2012 · If the implied warranty of habitability is breached, a tenant may retain possession and withhold rent. This is most often used as a defense to a landlord complaint asserting a tenant failed to pay rent.
https://www.justia.com/trials-litigation/docs/caci/4300/4320/
• “We have concluded that a warranty of habitability is implied by law in residential leases in this state and that the breach of such a warranty may be raised as a defense in an unlawful detainer action.
https://www.formsworkflow.com/form/details/39924-arizona-complaint-breach-of-warranty-habitability
Complaint (Breach Of Warranty Of Habitability) This is a Arizona form that can be used for Landlord Tenant within Local County, Coconino, Superior Court.
https://www.justia.com/trials-litigation/docs/caci/3200/3210/
An implied warranty that the goods “shall be merchantable” and “fit for the ordinary purpose” is contained in California Uniform Commercial Code section 2314.
http://www.moriarty.com/depuy_hip_recall/content/documents/DePuy/Complaints/100910usdc-txnd10cv01787complaint.pdf
Complaint - 14900 COUNT III (Breach of Implied Warranty of Merchantability) 22. The allegations contained in paragraphs 1 through 21 are repeated and realleged as if fully set forth herein. 23. At all relevant times, the Defendant was a merchant with respect to the device. 24. The device was defectively designed and manufactured, and was distributed and
https://www.colorado.gov/pacific/sites/default/files/Attachment%205-Warranty%20of%20Habitability.pdf
Warranty of Habitability . Every landlord is required to fulfill certain requirements that make the rental property fit for human habitation. (Colorado Revised Statutes § 38-12-503) A landlord is in breach of this Warranty of Habitability if: The premises substantially lacks (CRS § 38-12-505):
https://www.nycbar.org/get-legal-help/article/landlord-tenant/landlords-duties-obligations/
However, under the HSTPA, the landlord may have to prove that the eviction is not retaliatory in response to the tenant’s legitimate complaint. But if the landlord does try to evict you, you can sue the landlord back for breach of the warranty of habitability.
https://www.merlinusmonroe.com/2011/03/05/redacted-complaint-for-fraud-and-breach-of-warranties/
According to O.C.G.A. § 11-2-275(1), “[a] n action for breach of any warranty of any contract for sale must be commenced within four years after the cause of action has accrued.” That Code Section goes on to state that the breach occurs when tender of delivery is made.”
https://jenner.com/system/assets/publications/731/original/Ch_15_-_Breach_of_Warranty.pdf?1313777857
BREACH OF WARRANTY PART III — CONTRACT AND BUSINESS DISPUTES §15.5 was the basis of the bargain, the seller need not have had specific intent to provide a warranty or used specific words such as “warrant” or “guarantee.” 825 ILCS 5/2-313(2).
https://www.cumminsandwhite.com/quevedo-v-braga/
Jun 02, 2010 · Thus, the complaint of the tenants of an apartment did not make allegations sufficient to state a cause of action against the landlord for damages for discomfort and annoyance due to the landlord’s breach of an *4 implied warranty of habitability, where the tenants’ action did not sound in tort, but rather was simply based on breach of the contract.
https://realestate.findlaw.com/landlord-tenant-law/repairs-maintenance.html
Repairs and Maintenance ... What is the Implied Warranty of Habitability? All leases contain the implied promise that the rental property will be suitable for its desired purpose. Learn about what the implied warranty of habitability requires of landlords, remedies to a breach, and more.
https://law.justia.com/cases/california/supreme-court/3d/29/46.html
At the trial below, evidence was introduced by the tenants that plaintiffs had breached their implied warranty of habitability. The tenants complained of wall cracks, peeling paint, water leaks, heating and electrical fixture problems, broken or inoperable windows, rodents and cockroaches, and the lack of sufficient heat in the apartments.
https://law.justia.com/cases/california/court-of-appeal/3d/101/903.html
Braga (1977) 72 Cal. App. 3d Supp. 1 [140 Cal. Rptr. 143], the Appellate Department of the Los Angeles Superior Court contributed to the further expansion of the tenant's rights by holding a breach of the implied warranty of habitability would support an independent cause of action against the landlord for damages. The plaintiff in Quevedo had filed a complaint stating two causes of action, the first seeking …
https://www.lexisnexis.com/LegalNewsRoom/lexis-hub/b/free-downloads/posts/complaint-for-breach-of-insurance-contract
Sep 28, 2011 · Complaint for Breach of Insurance Contract. To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court, Court of Federal Claims, all federal circuit,...
https://www.civillawselfhelpcenter.org/self-help/evictions-housing/habitability-and-essential-services
If you decided in Step 1 that you have a "nonessential" habitability problem, you can download a sample letter to send to your landlord by clicking one of the formats underneath the letter's title below. Which letter you choose depends on what you want to happen should your landlord fail to make the necessary repairs.
https://www.tobenerlaw.com/failure-to-repair/
Damages for breach of warranty of habitability include return of rent paid and attorney fees. The statute of limitations for breach of warranty of habitability is two years for an oral lease and four years for a written lease. Cal. Code Civ. Proc. §§ 339 and 337.Author: Joseph Tobener
http://www.nairlawllc.com/uploads/1/3/2/2/13222392/landlords_duty_to_maintain.pdf
This chapter first examines the landlord’s duty to maintain premises under express covenants to repair and the implied warranty of habitability. It then sets forth remedies for breach of the duty to maintain, including actions for damages, rent withholding, repair and deduct, constructive eviction,
http://digitalcommons.law.uga.edu/cgi/viewcontent.cgi?article=1839&context=fac_artchop
the tenant's remedies for breach of the warranty of habitability. As applied to remedies, the contract-property hybrid is a false dichotomy, or perhaps more accurately, the wrong dichotomy. The proper analysis of tenant remedies when the landlord breaches the habitability duty requires that a line be drawn between the tort duties
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