Wade v. Jobe
Supreme Court of Utah
818 P.2d 1006 (1991)
If a landlord breaches the implied warranty of habitability, the tenant is entitled to a percentage reduction of the rent for the period of the breach.
Relevant Facts
Lynda Jobe rented a house from Clyde Wade and soon encountered several defects, including a lack of hot water and a foul odor due to sewage and water in the basement. Despite Wade's attempts to fix these issues, problems persisted. An inspection later deemed the house unsafe for human occupancy. Jobe withheld rent and eventually vacated the premises after the house was condemned. Wade sued for unpaid rent, and Jobe counterclaimed for rent offset due to the uninhabitable condition. The trial court awarded Wade all unpaid rent and dismissed Jobe’s counterclaim, as Utah had not formally recognized an implied warranty of habitability. Jobe appealed.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 8, 2023
Judicial Opinion
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Procedural History
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Citations
818 P.2d 1006 (1991)