Wade v. Jobe

Nature of the Case

This case involved a dispute over unpaid rent.

Facts

Jobe (D) rented property from Wade (P). Jobe had three young children and soon after she moved in she discovered numerous defects in the premises. Within a few days she had no hot water because the flame on the water heater was extinguished by sewage and water accumulating in the basement. Wade took action but could not find a permanent solution.

A city inspection resulted in a finding of unsafe conditions due to a lack of a sewer connection and other problems. Substantial hazards to health and safety were also found. Notice of condemnation was issued and Jobe informed Wade that she would stop paying rent until the sewage problem was resolved.

Jobe moved out and Wade brought suit for unpaid rent. Jobe brought counterclaims related to the uninhabitable state of the home. Wade was awarded $770 and Jobe was denied any offsets and her counterclaim was dismissed. Jobe appealed.

Issue

  • Is there a common law implied warranty of habitability in residential leases?

Holding and Rule of Law

These premises were not in habitable condition; the presence of raw sewage on the sidewalks and stagnant water in the basement and the resulting foul odor is a breach of the implied warranty of habitability.

Habitability requires that the landlord maintain bare living requirements and that the premises are fit for human occupation. Perfection is not required and minor deficiencies are allowable. Further, the landlord must have a reasonable time to repair material defects before a breach can be established.

Under these facts, the landlord did no more than temporarily alleviate the problems. At trial, there was no contravention by Wade of the evidence of substantial problems. The only reason the trial court granted judgment to Wade was that the trial court stated the law that Utah did not recognize the implied warranty of habitability. However, that has just changed.

Disposition

Remanded.


Related posts: