Charlie Brown rents a one-bedroom apartment in from Lucy. The lease is signed on 1-3-18 and Charlie, his dog Snoopy and his bird Woodstock move into the apartment on 2-1-18. Charlie has been shown a "display model" and has never actually seen the apartment he eventually rents. Upon inspection, Charlie notices a large tear in the carpeting in the dining room. In addition, the stove has only one burner that works, there is a leaky bathroom faucet and there is something green growing in the bathtub. Charlie notifies Lucy who assures Charlie the repairs will be made immediately and the growth in the bathtub will be cleaned up. Upon further inspection, Charlie discovers that two of the windows are cracked and do not lock. Again he notifies Lucy who promises faithfully to have repairs made. Lastly, the apartment seems to have a perpetual odor that Lucy assures Charlie will soon go away.
Shortly after moving into his apartment, Charlie decides to start a small business to make some extra money to finance a trip to baseball camp. Charlie has no marketable skills but Snoopy is extremely talented including acrobatic flying, noted author and a prior member of the foreign legion. Charlie purchases business cards and uses his home address. While most of their business work is done outside of their home, Snoopy does most of his writing at the apartment.
Because the stove does not work, Charlie borrows a camp stove from Peppermint PATTY to prepare their meals. Unfortunately, during a particularly busy cooking spree, CHARLIE allows the flames on the camp stove to get out of control and scorches the kitchen wall and sets the installed window blinds on fire. His only comment is "Good Grief".
It becomes apparent that Snoopy needs more privacy for his writing. Charlie hires Linus to make some renovations which include dividing part of the bedroom into an office. Unfortunately, LINUS knocks a big hole in the wall with his hammer when he refuses to let go of us blanket.
After Charlie has lived in his apartment for three months, a book publisher drops by with a check for Snoopy. On his way out, he trips over a rug in the hallway and falls down the stairs. He alleges he has injured his back and intends to sue.
Charlie inspects the stairs and discovers there is one broken stair, the handrail is loose and notices that most of the lights in the hallway are burned out. Charlie notifies the landlord who assures him the repairs to the common areas of the apartment complex will be made quickly.
Using the facts above facts address the following:
1. Assume you are the attorney for Landlord Lucy.
List the grounds under which you would sue CHARLIE and list the arguments you would use to persuade the Judge to rule in your favor. Also list the defenses you would raise to the counterclaim brought by Charlie.
2. Assume you are the attorney for Tenant Charlie.
List the grounds for bringing the counterclaim and the arguments you would use to persuade the Judge to rule in your favor. Also list the defenses you would raise to the original suit.
3. Now act as Judge and after weighing the evidence make your ruling and list your reasons for that ruling.