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Kenmart Realty sued to evict Mr. and Ms. Armondo from a residential apartment for nonpayment of rent and sought the unpaid monies, totaling several thousand dollars. In defense, the Armondos claimed that their apartment had toxic mold. They testified that there were large patches of dark mold in the walls and floor of the living room, bedroom, and kitchen, that there was a foul odor from the mold and that they had begun to suffer frequent headaches. They testified that the landlord had refused numerous requests to remove the mold. Please rule on the landlord’s suit, assuming that they reside in a jurisdiction with the implied warranty of habitability.
a. The landlord will win because the Armondos did not vacate the property.
b. The landlord will lose because the conditions violate the warranty of habitability.
c. Whether or not the landlord wins depends on whether or not there was a warranty of habitability in the lease.
d. None of the above.
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