In the event that a landlord breaches a duty owed to a tenant, what are the possible remedies that may be available to the tenant?

What will be an ideal response?


The tenant has a variety of remedies, depending on the circumstances. If the landlord has breached the tenant's right to possession, the tenant may terminate the lease and sue for damages or may continue the lease and sue for damages after the landlord grants possession. If the tenant's right to quiet enjoyment or habitability has been violated, the tenant may terminate the lease and sue for damages. In the case of a violation of habitability, the tenant may withhold rent by paying it into escrow until the dispute is resolved. If the property is such that it cannot be used for its intended purpose, the tenant may claim a constructive eviction and vacate without further rent responsibilities.

Business

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