Notes from the Initial Interview

During a recent hurricane, a lot of water entered the client’s apartment. The apartment has carpet throughout, which was completely soaked. The property manager refuses to do anything about the flooding and said that the lease the client signed makes this the client’s responsibility. The property manager also claims that the client did not take proper precautions before the storm, which made the flooding worse. The client disagrees. After the storm, the property manager recommended that the client buy a water pump and some fans to “dry things out.” The client tried this, but it didn’t fix the problem. The apartment is still wet and smells “unbearably bad.” The client can’t afford to try to fix it anymore. The client does not want to move but can’t keep on living in these conditions.

Condition of the Premises

Landlord (“Rentals LLC”) makes no covenants or warranties about the condition of the leased premises and disclaims all responsibility for the condition of the leased premises. Tenant agrees to be solely responsible for maintaining the condition of the leased premises. Tenant waives any and all rights to the contrary, including but not limited to a right to bring a claim related to the habitability of the leased premises.

6-20-5 Landlord’s Duty to Maintain Premises; Prohibited Conduct

(a) Subject to subsections (b) and (c), a landlord has a nonwaivable duty to maintain the premises in a habitable condition, including making necessary repairs. The duty includes but is not limited to a requirement that the landlord ensure that the premises . . . have effective waterproofing and weather protection of the roof and exterior walls, including windows and doors. . . . Tenants have a cause of action for breach of this duty, with remedies as set forth in § 6-20-10 [Tenant Remedies]. This cause of action supplants any common-law claims for breach of the landlord’s implied warranty of habitability.

(b) The landlord’s duty in subsection (a) is relieved if the uninhabitable condition of the premises was caused by an unreasonable act or omission of the tenant, the tenant’s immediate family member, or the tenant’s guest.

(c) If the premises are substantially damaged by a fire, other casualty, or natural disaster and continued occupancy of the unit is unlawful or dangerous or requires repairs that can be made only if the tenant vacates the premises, the landlord may terminate the lease by giving the tenant reasonable written notice.

(d) Any provision in a lease that purports to waive the landlord’s duty in subsection (a) is unenforceable. If the landlord seeks to enforce such a provision or accepts the tenant’s voluntary compliance with such a provision, the tenant has a cause of action in the amount of three times the periodic rent. This cause of action accrues irrespective of any claim the tenant may have for breach of the duty described in subsection (a).

Supervisor Email

The following is an excerpt from an email you received from your supervisor:

We have been unable to negotiate a settlement with the homeowner, so we will file a complaint on behalf of the client against the homeowner. A law clerk created a first draft of the complaint. I need you to make sure that all the language in the draft is factually and legally supported and that it complies with Franklin Rule of Civil Procedure 10(b). I am attaching a transcript of my interview with the client for your reference. 

End of excerpt 

Excerpt of Transcript

The following is an excerpt from the transcript of the interview with the owner of the landscaping company: 

[Supervisor]: Thank you for meeting with me today. My assistant told me that your company had a landscaping contract with a homeowner who is refusing to pay for the work. Did you bring the contract with you?

[Owner]: Actually, we had two contracts with this homeowner. I didn’t bring them with me, but I can drop them off at your office tomorrow.

[Supervisor]: That’s great. Let’s start at the beginning. What is the problem you’re having with the homeowner on the first contract?

[Owner]: This homeowner recently built a new house and wanted the backyard to be landscaped as a large entertainment space. There is a historic oak tree in the backyard, and she wanted it to be featured in the landscaping design. I visited the property and sketched a plan for the project that featured the oak tree, and then I drew up a contract and attached the landscaping plan as an exhibit. The homeowner signed the contract and paid $70,000 of the $140,000 contract price as a deposit before we started the work.

[Supervisor]: Did you complete the project as it was described in the plan?

[Owner]: Yes. I did everything the homeowner requested, but now she’s refusing to pay the remaining $70,000 because she thinks we did something to damage the oak tree. She says the tree looks sick and that it might be dying. I guess the workers could have damaged its roots, but then again, it’s a very old tree.  

[Supervisor]: Okay, that gives me a good start on the issues concerning the first contract. Now tell me about the second contract.  

[Owner]: After we started work on the project, the homeowner asked if we could add a large fishpond to the backyard. I said we could do it for $20,000. She agreed to that and I drew up another contract, which she signed. I billed her when we finished the work, but now she’s refusing to pay the $20,000 for the fishpond until we do something about the oak tree. 
 
End of excerpt 

Excerpt of Franklin Rule of Civil Procedure 10(b)

The following is an excerpt of your jurisdiction’s rule regarding the form of pleadings:

Franklin Rule of Civil Procedure 10(b)

(b) Paragraphs; Separate Statements. A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later paragraph may refer by number to an earlier paragraph in the same pleading. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence—and each defense other than a denial—must be stated in a separate count or defense. 

End of excerpt 

Excerpt of Draft Complaint

The following is an excerpt of the draft complaint created by the law clerk in your firm:

[caption omitted]

COMPLAINT AND JURY DEMAND

. . .

Facts 

18. The initial contract signed by the homeowner included a landscaping plan.

19–29. [Properly pleaded facts related to the initial contract and work]

30. The scope of the work under the initial contract did not include construction of a fishpond.

31. While Plaintiff was completing work pursuant to the initial contract, Defendant requested that Plaintiff construct a fishpond; therefore, Plaintiff and Defendant entered into a second contract for the fishpond in the amount of $20,000.

32. Plaintiff completed construction of the requested fishpond on [date].

33. Defendant acknowledged that the fishpond was completed as requested.

34. When Plaintiff billed Defendant for the fishpond, Defendant stated that she would not pay for the fishpond.

35. Defendant has made no payment for this additional work.

Count 1: Breach of Contract (Initial Contract) 

36–47. [Properly pleaded claim for breach of the initial contract]

Count 2: Breach of Contract (Fishpond) 

48. Plaintiff incorporates by reference the allegations set forth above in paragraphs 30–35.

49. The parties formed a contract for Plaintiff to construct a fishpond and Defendant to pay $20,000.

50. Defendant breached the contract by failing to pay Plaintiff $90,000: $20,000 for the agreed-upon work on the fishpond in addition to the $70,000 still owed under the initial contract.

Demand for Jury Trial 

51. Plaintiff demands a trial by jury of all triable issues pursuant to Franklin Rule of Civil Procedure 38.

Prayer for Relief 

52. Plaintiff seeks an order of specific performance.

53. In the alternative, Plaintiff seeks an award of damages in the amount of: $90,000, and interest and costs.

End of excerpt