Knight v. Hallsthammar

Opinion

BIRD, C. J.

This court must decide whether a residential tenant may be held to have impliedly waived a landlord’s breach of implied warranty of habitability by (1) continuing to live in premises despite knowledge of the defects or (2) failing to allow a landlord a reasonable time to repair before withholding rent. There is the additional question as to whether an unlawful detainer action may be defended based on a breach of implied warranty of habitability where defects in the premises predated the current ownership of the building.

I

On May 18, 1977,1 plaintiff landlords became owners of…