Brief Fact Summary. A couple’s residence became difficult to live in after the building went under construction, and they could not use a portion of it.
Synopsis of Rule of Law. When a suit is brought for nonpayment of rent, a tenant may assert as a defense the doctrine of construction eviction, even if he has abandoned only a portion of the premises due to the landlord’s acts, which made that portion unsuitable for use.
Issue. May the doctrine of constructive eviction be used as a defense to the nonpayment of rent, if the tenant only abandons only a portion of the premises?
A tenant may assert as a defense to the nonpayment of rent the doctrine of constructive eviction, even if he or she abandons only a portion of the premises due to the landlord’s acts in making that portion unsuitable for use.
Respondents were compelled to abandon the music studio portion of the loft due to the landlord’s wrongful acts, which substantially and materially deprived the tenants of the use and enjoyment of that part of the loft.
Respondents only need to pay a portion of the rent for the months a part of the premises was uninhabitable.
Punitive damages may be awarded in breach of warranty of habitability cases when the landlord’s actions or inactions were intentional and malicious. The determining factor is the moral culpability of the defendant. Here, the landlord permitted the construction work to be done in a dangerous and offensive manner with a disregard for the rights and safety of others.
Although the general rule is that punitive damages are not awarded for breach of contract claims, they may be awarded when to do so would deter morally culpable conduct.View Full Point of Law