Gurth and Moretop, students, rented an apartment near the River City University. They hung photographs on the wall using large nails for anchors. Several times, they brought the barbecue indoors, which smoked up the walls of the apartment. They spilled soup and beer on the carpet, which became discolored in such a manner that it could not be cleaned. Kilmer, the landlord, sued them at the end of
the lease for damages related to restoring the apartment to a "like new" appearance.
a. When the landlord discovered that her apartment was being damaged, she should have evicted the students. There is no liability for damages, because of her failure to do so.
b. The students must pay for damages, but only for those damages resulting from conduct beyond ordinary wear and tear.
c. Anyone renting to students should know they are sloppy, so there is no liability.
d. The students must put the apartment in "as good as new" condition.
b
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