Brianne signs a one-year lease with Tom to rent Tom’s duplex. The lease starts on January 1, 2023, and Brianne moves into the duplex on January 2, 2023. Brianne is initially pleased with the duplex. After all, she toured the duplex before signing the lease and she found it to be just what she was looking for. After a few months, however, she begins to develop a strong cough. At first, she thought it was just a cold, but the cough lingers for several weeks. So, Brianne goes to her doctor. To her great alarm, she learns that she has been breathing in black mold for the last few months. The mold has coated her lungs and she may have a permanent condition. Upon her return to the duplex, Brianne thoroughly investigates and, sure enough, it is infested with black mold.

Brianne immediately notifies Tom of the mold. Tom said he would take care of it the very next day. Brianne books an Air B&B for one week. Brianne carries on her normal routine, fully expecting Tom to take care of the mold. However, Tom skips town and does not take care of the mold. When her week at the Air B&B is nearly up, Brianne calls Tom, who does not answer. So, Brianne goes back to her duplex to see if the mold is taken care of; it is not. Frustrated, Brianne makes last-minute arrangements to stay with friends.

Brianne comes to you, a landlord-tenant attorney. She wants to know what her recourse is. Can Brianne stop paying rent? Why or why not? Can Brianne sue Tom for breach of contract, for conversion, and for wrongful eviction? Why or why not? Would she be successful on those claims? Please explain your answer.