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Lesson 4:
Tenant's Defenses

 

 


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§4.15 Review

1. Linda Lucky served Teri Tilden with a 3-day notice to quit because she had hosted a loud party in her unit that had generated complaints from other residents. Tilden failed to vacate within 3 days, so Lucky filed a UD against her. Two weeks later, Tilden tendered a payment to Lucky for her current rent due, which Lucky accepted. At trial, Tilden argued that Lucky had waived the notice to quit by accepting the rent. Tilden produced the cashed check as evidence. Was it a waiver?

Yes
No

2. Which of the following is an affirmative defense in a nonpayment-of-rent case?

a. Refusal to accept timely tender of rent.
b. Breach of the warranty of habitability.
c. Repair and deduct.
d. All of the above.

3. A residential tenant’s obligation to pay rent and the landlord’s obligation to maintain the rental unit in a safe and habitable condition are independent covenants, so the tenant has an obligation to pay rent even if the rental unit has fallen into serious disrepair.

True
False
 

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