NYU Property Law Rule and Analysis Discussion

Question Description

Can you help me understand this Law question?

Please include the rule and a detailed analysis

Jamie rented her old cabin to “Adam until he finishes medical school” for $700 per month, pursuant to a written lease. Two years later, when Adam ran short of money, he complained to JAMIE that the rent was “really high.” Eight days after that, JAMIE served ADAM with a 30-day notice that (a) said his lease was terminated and (b) told him to vacate the cabin. In response, ADAM sent JAMIE a message that read: “The cabin is uninhabitable because of all the mosquitos that somehow get in through the many cracks in the walls. They keep biting me; I get 5 or 6 bites each day. And because I’m allergic to mosquitos, they itch like crazy. ADAM.” ADAM did not vacate on time, and JAMIE filed an eviction action against him. ADAM asserted all potentially relevant defenses.

Can ADAM establish an implied warranty of habitability claim?

[Note: ADAM has a successful retaliatory eviction claim here but this is not covered.]

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