Question
1. Luke Hobbs has agreed to rent a single family home in Yonkers, New York from Deckard Shaw. Shaw doesn't want to bother with attorneys,
1. Luke Hobbs has agreed to rent a single family home in Yonkers, New York from Deckard Shaw. Shaw doesn't want to bother with attorneys, so they make an oral agreement that the rent will be $12,000 per year payable as $1000 per month due on the first of each month, with the lease term commencing on June 1, 2018. On February 9, 2019, there was a break in the sewer line serving the premises, which remained unresolved and resulted in water surfacing from the system. Foul odors filled the home and unhealthy fluids seeped into the basement for long periods of time. Hobbs told Shaw of the leak in an email on February 10, 2019 and followed up on that with several phone calls. Hobbs, sick of the lack of meaningful response from Shaw, called the building inspector for Yonkers as well as the New York State Department of Environmental Protection. Hobbs finally stopped paying rent as of May 1, 2019. On June 17, 2019 (after the building inspector paid a visit to Shaw), the sewer line was finally and completely repaired, and Hobbs even stated that the home was again perfectly fine to live in. On June 10, 2019, prior to the repair, Shaw gave Hobbs notice to quit the property, effective as of June 30, 2019. After Hobbs stopped paying rent, Shaw placed a pad lock on the garage of the house and slid a note under the front door of the house calling Hobbs a "deadbeat." Hobbs missed a day of work as a stunt driver because he was unable to get his McClaren 720S (a type of fancy sports car) out of the garage and was not paid his day rate of $450 as a result. Hobbs finally vacated the premises on October 31, 2019. Deckard Shaw filed a lawsuit against Luke Hobbs for unpaid rent from the period of May 1 through October 31.
a. Can Hobbs make one or more counterclaims? If so, what are they and will they be successful?
b. Will the court award Shaw the unpaid rent? If so, how much?
c. Assuming the repair had been made promptly after Hobbs had informed Shaw, based on the June 10, 2019 notice to vacate, when would the lease have terminated?
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