MARINI V. IRELAND
265 A.2d 526 (1970)
NATURE OF THE CASE: This was a dispute over a rent offset.
FACTS: P rented an apartment to D. The lease incorporated a covenant of quiet enjoyment
but did not include a specific covenant for repairs. D discovered that a toilet was cracked
and leaking onto the bathroom floor. She could not contact P so she called a registered
plumber to fix the problem. For the next month's rent, D remitted the amount due less the
cost of the repair and the receipt for the repair. P sued under summary action for
nonpayment of rent. The trial judge found that the facts alleged by D did not create a duty
upon the landlord and found for P. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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