LANDIS & LANDIS CONST., LLC v. NATION

No. 67216-9-I.

286 P.3d 979 (2012)

LANDIS & LANDIS CONSTRUCTION, LLC, an Oregon limited liability company, Appellant, v. Nicola NATION d/b/a Nation Management, Respondent.

Court of Appeals of Washington, Division 1.

October 8, 2012.


Attorney(s) appearing for the Case

Joseph A. Yazbeck, Jr. , Yazbeck Cloran & Bowser PC, Portland, OR, for Appellant.

Jeffory Emerson Adams , Murray Dunham & Murray, Seattle, WA, for Respondent.


BECKER, J.

¶ 1 A construction crew encountered evidence of rodents the day they began moving into leased housing. They left without waiting for the problem to be resolved, and the construction company sued the landlord to recover prepaid rents. A rodent infestation evident at move-in represents an actionable breach of the implied warranty of habitability, justifying rescission of the rental agreement and immediate vacation of the premises. Because the tenant...

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