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Tenant rented an apartment from Landlord for one year. The lease stated that Tenant accepted the apartment "as is" and waived "all claims concerning condition of the premises." In November, the furnace stopped working, hot water failed for several days each week, and mold appeared on the bedroom wall because a roof leak was not repaired. Tenant sent Landlord written notices describing the problems. Landlord replied that Tenant had waived repair claims and promised to send a contractor "when business slows down."
After six weeks, Tenant paid a licensed contractor $1,200 to repair the furnace, withheld $900 from the next rent payment, and remained in the apartment. Tenant later sued for damages based on the mold and hot-water failures. Landlord counterclaimed for unpaid rent and argues that Tenant's only possible remedy would have been to move out.
Discuss the parties' claims. Address the implied warranty of habitability, the lease waiver, notice and opportunity to repair, Tenant's possible remedies while remaining in possession, constructive eviction, and Landlord's rent claim.