This website uses cookies to ensure you have the best experience. Learn more

Implied Warranty Of Habitability: Poyck V. Bryant

2596 words - 11 pages

Implied Warranty of Habitability:
Poyck v. Bryant

Secondhand smoke is becoming a nuisance to many in our society. This is an ever-growing problem with residents that live in multi-unit dwellings as smoking occurs in common areas and is transmitted through to adjacent living spaces. In the case that follows, you will see how this issue is resolved between a landlord and tenant. The concepts of warranty of habitability and constructive eviction are discussed in detail. Specifically, secondhand smoke sets the stage for the next precedent for a breach of the warranty of habitability.

The parties involved in this case are the plaintiff, Peter Poyck, and the defendants, ...view middle of the document...

Bryant sent a letter to the superintendent, Mr. Poyck, and Mr. Poyck’s attorney informing them that they can either remedy the hazardous condition or they, the Bryants, will be forced to move out of the condominium. In that letter, he also informed them about his wife’s medical condition. The landlord did nothing to try to alleviate the smoke problem. On August 1, 2001, the Bryants sent another letter to the landlord indicating that they had decided to vacate the premises by the end of August. They did indeed vacate by the stated date.
Peter Poyck decided that he would sue the Bryants for the remainder of the rent for the year of 2001 and any associated late fees. The Bryants responded with a written defense “denying the allegations of the complaint and asserting their third and fourth affirmative defenses and first and second counterclaims for breach of warranty of habitability and constructive eviction due to secondhand smoke” (Peter Poyck, Plaintiff, v Stan Bryant et al., Defendants, 2012). Around June 2005, Poyck asked the court to strike or dismiss the defendants third and fourth affirmative defenses and first and second counterclaims. On October 14, 2005, the court denied his motion but it was because he did not submit all of the required paperwork to the court. The court wanted to know if he owned condominium 5-D, 5-C, and/or the entire building. They wanted to know who owned condominium 5-C, who oversaw the common space in the building and whether there were any building rules that stipulated if smoking was allowed at all or where it was allowed. The paperwork that Poyck failed to submit to the court would have answered all of these questions. Around, March 2006, the plaintiff submitted his documentation to the court and again asked the court to strike or dismiss the defendants’ defenses and counterclaims. The defendants opposed the motion but the court decided to hear the case in August 2006. The court ruled in favor of the defendants. Not only was the motion against them denied, but the court ruled that they were justified in vacating condominium 5-D due to the implied warranty of habitability causing a constructive eviction.
The issue at hand here is whether secondhand smoke is a breach of the implied warranty of habitability and is a reason to cause a constructive eviction. We must first define what is meant by the “implied warranty of habitability” and “constructive eviction.” The warranty of habitability states that “leased premises must be fit, safe, and suitable for ordinary residential use” (Cheeseman, 2009, p.774). When there is a lease, the landlord and the tenant have to perform specific duties. “Caveat lessee” no longer applies and it is the landlord’s duty to make sure that the premises are habitable. Therefore, a constructive eviction is one that occurs when “residential rental property is in an uninhabitable condition. The uninhabitable condition makes the property unsuitable to live in,...

Other Papers Like Implied Warranty of Habitability: Poyck V. Bryant

Tenant Landlord Agreements Essay

3627 words - 15 pages called the city inspector who found several health and safety violations. The inspector then issued a notice that the building would be condemned if the violations were not remedied. [6] The tenant eventually moved out, however the landlord decided to sue for back rent and was awarded a judgment of $770, the full rent under the parties’ original agreement. Jobe would appeal on the basis of the implied warranty of habitability. This is based on

Landlord Tenant Law Essay

1538 words - 7 pages suing (Beatty et al., 2016). The next consideration is Larry Landlord's duty to provide a habitable dwelling. Under implied warranty of habitability, which states that any time a dwelling unit is turned over to a tenant, the tenant is automatically given a warranty by the landlord that the premises are safe and habitable condition, and will remain so during the term of the lease (Jacqueline D. Stanley & Mark Warda, 1999). Implied warranty of

Business Law

1834 words - 8 pages possession of the goods. For example, Amy sold her car to Ann, but Amy liked the car very much. She often persuaded Ann to lend her the car and used the car with the spare car keys whenever she like regardless of whether Ann needed the car or not. Thus, Amy has breached the implied warranty that Ann should have and enjoy quite possession of the car. In the case of Heng Long Motor v Osman (1994), a van was bought by took a loan from a financial

Burch Case Brief

687 words - 3 pages Omar Hazien Advanced Contracts 01/31/2011 Burch Case Brief Procedure Nevada Supreme Ct., 2002 James and Linda Burch, Petitioners, Home purchasers, Plaintiffs v. The Second Judicial Court of Nevada and Double Diamond Ranch, Seller, Defendant. James and Linda Burch sue Double Diamond Ranch for breach of express and implied warranties, negligence, and fraud and misrepresentation. Burches requested removing the insulation, professionally

Torts and Warranties

1698 words - 7 pages ) breach of an implied warranty of merchantability, and (3) breach of an implied warranty of fitness for a particular purpose.” ( Usually, negligence is used in certain specific situations where a manufacturer violates a law or regulation. Negligence deals with the behavior of a manufacturer and strict liability (warranty liability) deals with the actual product. “Strict liability claims focus on the product itself. Under

Kobe Case

851 words - 4 pages “Prosecution Drops Charges in Kobe Bryant Rape Case” Article Summary In the summer of 2003, Los Angeles Lakers superstar Kobe Bryant was arrested and accused by a then 19-year-old hotel employee, Katelyn Faber, of sexual assault. Faber accused Bryant of raping her in his hotel room the night he checked in the Lodge and Spa at Cordillera in Eagle County, Colorado. In contrast, Bryant admitted to committing adultery by having sexual contact

Business Law Consideration and Warranties

594 words - 3 pages , either orally or in writing. Terms can be either express or implied. Express terms are agreed by both parties either orally or in writing. When the agreement is made strictly via word of mouth, there must be a determination on validity of the evidence given as to what was said and agreed. For this reason, business contracts are usually made in writing. When contracts are made it is easy to discover the terms, although problems my often arise due

Law Assignment

540 words - 3 pages the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. In the case of Associated Metal Smelters Ltd V Tham Cheow Toh (1971), where the plaintiff sued for damages, the court held that they were allowed to treat the breach of conditions as a breach of warranty as sue for damages (, 2015). The given case has the similar

Consumer Behavior

4488 words - 18 pages GODDARD v. ANJUS FRESH PRODUCE (PTY) LTD 1993 BLR 221 (CA) Citation 1993 BLR 221 (CA) Court Court of Appeal, Lobatse Judge Amissah JP, Bizos JA, Schreiner JA Judgment July 14, 1993 Counsel Ms. Cassim for the appellant. Mr. K. Prendini for the respondent. Annotations None G [zFNz]Flynote Contract - Agreement - Terms of agreement - Implied terms - Term not implied because court considers it reasonable - H Term has

Aspects Of Contract And Negligence For Business

4339 words - 18 pages • The utilities that the property owner will be paying for • The compensation and late charges • The length of the rental period Implies terms, however, are the ones that are not stated explicitly in the written contract, but the court, or any third party will assume anyway while settling disputes and acting upon decisions. In the case of renting an apartment, the implied warranties of habitability apply. Other than that, the implied

Formation of Contract Questions

976 words - 4 pages . * Explain how a term’s status as a condition, warranty or innominate term is determined in the law and discuss whether the innominate term should be retained. Implied terms * Discuss whether the test for implying a term in a contract should be based on reasonableness. Exemption clauses/UCTA * Explain the circumstances in which the court will employ the test of reasonableness under the Unfair Contract Terms Act 1977, using cases to

Related Essays

Thompson Vs Cloud Essay

4790 words - 20 pages provision of the Purchase and Sale Agreement. Instead, he relies on Maine's implied warranty of habitability.7 “In Maine the law implies a warranty of habitability on the part of the builder-vendor in the sale of a new home.” Stevens v. Bouchard, 532 A.2d 1028, 1030 (Me.1987). On appeal, Thompson stresses that there exists a genuine issue of fact as to whether Miles was the builder of Seascape. Miles and Cloud contend otherwise, pointing to evidence that

Mgmt 597 Case Review

1711 words - 7 pages held that the evidence was sufficient to establish title by adverse possession in that portion of the Nolan’s lot occupied by the Naabs’ garage. Hence, the Naabs win. 49.2 The question presented in Love v. Monarch Apartments (1989) of implied warranty of habitability, is whether Ms. Love lawfully terminated her lease and who wins. As with all housing rentals, an implied warranty of habitability, which includes the right to the safe, healthy

Ca Bar Exam July 2007 Q1 My Answer

1864 words - 8 pages periodic tenancy from month to month. Thus, this claim fails. Implied Warranty of Habitability Implied warranty of habitability requires that the preemies be fit for basic human habitation. Implied warranties of habitability are inapplicable to commercial tenants. Here, there is no implied warranty of habitability regarding the lease between these parties because the lease involves a commercial lease for a four room office space on the 12th

Outline Law Civil Pro

2567 words - 11 pages warranties by agreement 5. Implied Warranty of Habitability – Caceci v. Di Canio Construction Corp. a. Implied term in the express K btwn builder-vendor and the purchasers that the house to be constructed would be done in a skillful manner free from material defects IIX. AVOIDING ENFORCEMENT OF Ks A. Minority and Mental Incapacity 1. Test for Competency  Whether the person involved had sufficient mental ability to know