Steve has a two-year lease on a house, with 16 months remaining in the term. He is weeks late with his rent this month- a chronic problem. He sends his landlord, Emmie, a letter complaining that (1) two handles have fallen off the kitchen cabinets, and (2) because of a rotten gutter, water is leaking into an exterior wall of the house, causing thick black mold to appear on the inside of the wall by his bed.

Because Steve always pays the rent so late ( and is surly about it,too). Emmie actually wants him to move out, so she drags her feet about making the repairs. Discuss the folllowing issues:

1. Does failure to repair either of these problems amount to constructive eviction?

2. What are Steve's rights under the circumstances?

3. Was there a better way for Emmie to get rid of her problem tenant?