Assignment Task: Your client, Trudy Tenant, was transferred from her job to one in a new city. While visiting the city and meeting with her new employer, she found a "great place" and entered into a 1-year lease for an apartment with Luke Landlord. The lease stated that rent was to start on September 1 and that rent of $1,250 was due at the first of each month.
Trudy showed up at the apartment on September 1, having already paid the first month's rent. The moving company arrived shortly after Trudy. The truck was loaded with her personal belongings, furniture, and work-related materials. Trudy was unable to move in because the prior tenant, Horace, had not vacated the apartment. Trudy immediately called Luke and informed him of the situation. Luke said, "It's not my problem," and hung up the phone. Trudy checked into an extended-stay motel and had the moving company remove her belongings from the truck. She stored them at a secure facility, incurring charges for the storage space. The motel cost Trudy $60 per night, and the storage facility cost $50 per month. Horace vacated the apartment 2 weeks later, but Luke did not advise Trudy when the apartment was vacated; she discovered Horace's move by visiting the building on her own. Trudy moved into the apartment on September 15.
On October 15, just as the weather began to turn cold, Luke turned off the heat and hot water to the apartment because Trudy did not pay her rent on October 1. Trudy insisted that Luke owed her for the 2 weeks in September that she was unable to live in the apartment. During her investigation of the lack of hot water, Trudy noticed that the roof leaked. She did not inform Luke about the leak. To take a hot shower every day, Trudy had to pay for a $25 per month gym membership.
On November 15, Trudy moved out of the apartment without ever having paid the October or November rents because she had become "disgusted" with the lack of heat and hot water. She immediately informed Luke of her reasons.
Luke did not take any action until December 1. On December 1, Luke inspected the apartment and discovered the roof leak. From November 15 to December 1, there had been substantial rains, and the leak caused considerable damage to the apartment. Luke fixed the leak and hot water and put a one-line ad on the internet looking for a tenant. The ad cost Luke $100, and the repairs cost $1,200. No one rented the apartment until February 1.
1. State in detail the statutory rights and obligations of Luke Landlord and Trudy Tenant.
2. For purposes of this hypothetical problem, assume that Trudy's new job and residence are in Connecticut state. Use the Landlord Tenant Act in connecticut to support your position.
3. Analyze the respective rights of Luke Landlord and Trudy Tenant and, where applicable, state the majority and minority views of any applicable rule.
4. Determine whether connecticut uses the majority or minority rule.
5. Determine the total amount of expenses incurred by the tenant due to issues with the apartment and how much rent the tenant owes the landlord, after expenses for the amount of time she resided in the apartment.