Tampa, Florida. When she signed the lease, the apartment was well maintained and in compliance with all applicable local building, health, and safety codes. Midway through the lease, mold and mildew stains appear from within the walls due to faulty plumbing in violation of local ordinances. The Florida statute states that a “landlord at all times during the tenancy shall . . . [c]omply with the requirements of applicable building, housing, and health codes . . . ”8 If the landlord does not comply with this requirement, the statute states that: “Within 7 days after delivery of written notice by the tenant specifying the noncompliance [with any local ordinances] and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement.”9 Upon seeing the mold, Stephanie writes a letter to her landlord describing the problem and her intent to terminate the lease if the problem is not corrected in seven days. One week has passed and the landlord has failed to correct the problem.

1. Is Stephanie discharged from performing under the lease contract? Why?

2. Which type of discharge does this scenario most closely resemble?