Plaintiff tenants sued for fraud, breach of the warranty of habitability, and breach of the covenant of quiet enjoyment arising from their rental of defendant landlords’ townhouse that was allegedly infested with rodents.
Plaintiffs claimed they vacated the premises after being constructively evicted due to the infestation, while defendants maintained there was no such infestation before plaintiffs’ rental, with only periodic prophylactic extermination services and an occasional mouse sighting.
Justice Kotler
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