Question
Leah rented a furnished apartment in her building to Tia, a real estate law student, for nine months, beginning June 1. Tia prepaid the first
Leah rented a furnished apartment in her building to Tia, a real estate law student, for nine months, beginning June 1. Tia prepaid the first month's rent. When Tia arrived at the apartment on June 1, Ralph, the prior tenant, was still there despite the fact Ralph's rental term had ended on May 15. Tia complained to Leah and Leah was able to evict Ralph by June 15 but refused to refund Tia's prepaid first month's rent for June. Tia took possession of the apartment on June 16. The apartment above Tia's was occupied by Coco, a member of an up-and-coming band, The Noise. The band's daily rehearsals interfered with Tia's studies so much that she complained repeatedly to Leah about the continuing noise. On July 15, The Noise were arrested at Coco's apartment for disturbing the peace. After that Tia was spared the noise from rehearsals. Beginning July 16, the shower in Tia's apartment delivered only cold water. Tia
complained, and Leah promptly hired a plumber to fix the problem. The repair only worked for a week. Tia was too busy with her studies to tell Leah On August 30, Tia's stove in her apartment stopped working. On August 31, Tia, disgusted with all these events, knocked on Leah's door, gave the key to Leah and said, "This place is a zoo; I wouldn't live here if you paid me!" Leah took the key and said, "Sure, okay, if that's how you feel." Tia stopped paying rent and never returned to the apartment. Leah commenced a lawsuit against Tia for breach of her lease and special damages for past due and prospective rent. What arguments may Leah reasonably raise in support of her lawsuit, what counterclaims and defenses may Tia reasonably assert, and what is the likely outcome?
Discuss.
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