Wade v. Jobe

Jobe (defendant/tenant) rented a house from Wade (plaintiff/landlord) that lacked hot water and suffered a foul sewage odor from the basement, problems that persisted despite the landlord's attempts to fix them; an inspection eventually deemed the house unsafe for occupancy, and Jobe withheld rent and vacated after condemnation. The trial court awarded Wade all unpaid rent and rejected Jobe's counterclaim, since Utah had not yet formally recognized an implied warranty of habitability.

Whether a tenant is entitled to a percentage reduction of rent for the period of a landlord's breach of the implied warranty of habitability.