Kevin rented a furnished 1-bedroom apartment in his building to Luke, an MBV student, for one year beginning August 1. The parties entered into a written residential lease for $1,800 each month. When Luke arrived at the apartment on August 1, Axel (the prior tenant) was still there. Luke complained to Kevin and Kevin evicted Axel on August 15. Luke came into possession of the apartment on August 16. In early September, some neighborhood children playing basketball broke a windowpane in Luke's apartment. Luke demanded that Kevin replace the windowpane, but Kevin refused. During one of the many rainstorms in Los Angeles this year, rain entered through the broken windowpane and caused damage to the living room floor. The floor warped and mold began to grow. The apartment above Luke was occupied by James, a member of a famous punk rock band known as the Hell's Warriors. The Hell's Warriors rehearsed daily (typically from 3:00 - 7:00 pm) and this interfered with Luke's MBV "studies" frequently enough that Luke complained repeatedly to Kevin. On October 15, Luke discovered that the stove in his apartment was no longer functioning. He immediately notified Kevin. Kevin ignored the complaint. On October 31, Luke, disgusted with all these events, knocked on Kevin's door, tendered the keys to Kevin and said, "Yo, Professor, I wouldn't live here if you paid me! I'm outie."

Kevin took possession of the key without saying a word to Luke (everyone knows what being around jet fuel does to the brain). Kevin now wants to sue Luke for the remaining rent (November 1 through July 31). A. Was there a lease provision that was breached when Luke was not able to move into the apartment on August 1? If so, what is the lease provision that was breached?

B. Was Kevin liable to Luke to fix the broken windowpane in Luke's apartment?

C. Is Luke liable to Kevin for the balance of the rent payments from November 1 through July 31?