Crucial Exams

Multistate Bar Examination Practice Question

Sarah leases a residential apartment from Tom. Within weeks, she discovers a severe cockroach and rodent infestation. Sarah promptly notifies Tom in writing and gives him a reasonable opportunity to exterminate the pests, but Tom takes no action. Sarah wishes to remain in possession of the apartment while pressuring Tom to cure the habitability violation. Which of the following remedies is available to Sarah under the implied warranty of habitability doctrine and allows her to stay in the apartment?

  • Continue paying full rent and simply wait for Tom to act.

  • File an action to quiet title against Tom.

  • Treat the lease as terminated and vacate the apartment (constructive eviction).

  • Withhold further rent (or pay it into escrow) until the infestation is eliminated.

Multistate Bar Examination
Real Property
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