Question
Ella agreed to rent a basement apartment in Ronny's house. Before Ella signed the lease, Ronny warned Ella that the pipes occasionally leaked onto the
Ella agreed to rent a basement apartment in Ronny's house. Before Ella signed the lease, Ronny warned Ella that the pipes occasionally leaked onto the floor, and that Ella should be aware of this. Ella was not happy about this problem with the pipes, but Ronny was asking for much lower rent than the other landlords in the area. For this reason, Ella moved ahead and signed the lease.
After moving into the apartment, Ella found the leaking pipes to be very problematic. While most of the apartment was perfectly fine, Ella was tired of constantly using her pots to catch the dripping water. Thus, four months after moving into the apartment, Ella told Ronny that she would need to vacate at the end of the fifth month. Ronny was furious, and he filed a lawsuit against Ella.
(a) If a court determines that Ella gave Ronny proper notice of her intention to vacate, what type of lease agreement must Ella have signed?
(b) Regardless of your answer to part (a), assume that Ella did not give proper notice to Ronny. What argument (if any) can Ella make to the court in order to avoid liability?
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