Marini v. Ireland
Nature of the Case
This was a dispute over a rent offset.
Facts
Marini rented an apartment to Ireland. The lease incorporated a covenant of quiet enjoyment but did not include a specific covenant for repairs. Ireland discovered that a toilet was cracked and leaking onto the bathroom floor. She could not contact Marini so she called a registered plumber to fix the problem. For the next month’s rent, Ireland subtracted the cost of the repair from the rent and submitted the receipt from the plumber with her payment.
Marini sued under summary action for nonpayment of rent. The trial judge found that the facts alleged by Ireland did not create a duty upon the landlord and found for Marini. Ireland appealed.
Issue
- If a landlord fails to make repairs of vital facilities in a residential lease necessary to maintain the premises in a livable condition, may the tenant cause the same to be done and deduct the cost thereof from future rents?
Holding and Rule of Law
- Yes. If a landlord fails to make repairs of vital facilities in a residential lease necessary to maintain the premises in a livable condition, the tenant may cause the same to be done and deduct the cost thereof from future rents.
As the lease requires no express covenant to repair, we are obliged to determine whether there arises an implied covenant which would require the landlord to make repairs. The residential lease implies that the premises were habitable and fit for living. In a modern setting under such a lease, the landlord should be held to an implied covenant against latent defects, which is another manner of saying habitability and livability fitness.
The landlord is required to maintain those facilities in a condition which renders the property livable. Even if these covenants are considered to be dependent, the tenant should be accorded the alternative remedy of terminating the cause of a constructive eviction and make reasonable repairs himself and offset those against rent instead of leaving the premises and terminating his obligation to pay rent.
A tenant’s recourse to self help must be preceded by timely and adequate notice to the landlord of the faulty condition in order to afford the landlord the opportunity to make the necessary replacement or repair.
Disposition
Reversed and remanded.