Landlord Omitted Some Co-Tenants from Case

LVT Number: #24723

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed a breach of the warranty of habitability. The court ruled in part for landlord, awarding a judgment for $15,000, after a $5,000 abatement for breach of the warranty of habitability. Both landlord and tenants appealed, and both sought attorney's fees. The appeals court denied attorney's fees to either side and reopened the case because the court had failed to instruct the jury on the question of constructive eviction.

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