TELLER V. McCOY
253 S.E.2d 114 (1978)
NATURE OF THE CASE: Teller (P) appealed a decision, which denied their motion for partial
summary judgment and for judgment on the pleadings in their action against McCoy (D),
landlord, for his breach of the warranty of habitability.
FACTS: P, tenants, filed a complaint against D, landlord, alleging breach of the warranty
of habitability. Ps moved for summary judgment and for judgment on the pleadings, which was
denied. Ps appealed, and the parties filed a joint motion to have questions certified to the
court: 1. Whether failure of a landlord to maintain rental premises in a habitable condition
and otherwise remedy defects to the premises which render the residence uninhabitable is in
violation of a landlord's implied warranty of habitability to a tenant? And if so, whether
it is subject to waiver? 2. Whether a landlord's warranty of habitability and the tenant's
covenant to pay rent are mutually dependent? 3. Whether failure of a landlord to maintain
the premises in habitable condition constitutes a failure of consideration and a breach of
the rental agreement? 4. Whether a landlord's breach allows to the tenant one or more of
the following remedies: (a) a right of action or setoff for the difference between the
agreed rent and the fair rental value of the premises in their defective condition; (b)
after reasonable notice and opportunity to a landlord to correct the defective conditions,
to repair the defects himself and deduct the repair cost from the rent; and (c) vacation of
the premises terminating a tenant's obligation to pay rent? (d) what damages, if any, are
recoverable by the landlord or tenant in the event of breach by either party. 5. Whether a
breach of the implied warranty of habitability is a defense to a landlord's action for rent,
damages, or unlawful detainer?
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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