Hosmer v. Avayu

OPINION

This is an appeal from a summary judgment granting a landlord’s claim for rent and denying tenants’ claim for damages for breach of covenant to repair the roof of the leased premises.

Appellants Edward and Audrey Hosmer (tenants) commenced this action against Delia Avayu, individually and as heir to the estate of Isaac Avayu, their landlord. They sought damages for breach of a covenant to repair the roof of the restaurant, the property under lease, and also for constructive eviction. Landlord answered and counterclaimed for unpaid rent.

Landlord moved for summary judgment on tenants’…