Teller v. McCoy

McGraw, Justice:

This proceeding is before us on certified question. Pursuant to W.Ya. Code § 58-5-2, the Circuit Court of Logan County, West Virginia, certified to this Court the *369following questions of law upon the joint motion of the plaintiffs and defendant, after first denying plaintiffs’ motions for “partial summary judgment and judgment on the pleadings”:

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…