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Property Law Question Lois rented her old cabin to Tony until he finishes medical school for $700 per month, pursuant to a written lease. Two

Property Law Question

Lois rented her old cabin to "Tony until he finishes medical school" for $700 per month, pursuant to a written lease. Two years later, when Tony ran short of money, he complained to Lois that the rent was "really high." Eight days after that, Lois served Tony with a 30-day notice that (a) said his lease was terminated and (b) told him to vacate the cabin. In response, Tony sent Lois an email message that read: "The cabin is uninhabitable because of all the mosquitos that somehow get in through the many cracks in the walls. They keep biting me; I get 5 or 6 bites each day. And because I'm allergic to mosquitos, they itch like crazy. Tony." Tony did not vacate on time, and Lois filed an eviction action against him. Tony asserted all potentially relevant defenses. Please also note: Tony has a successful retaliatory eviction claim as well.

Can Tony establish an implied warranty of habitability claim?

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