Holmes (D) rented a residence on an oral month to month lease from Pugh (P). The rent was $60 per month, and P sought to recover unpaid rent for a number of months in 1975 and 1976. D asserted the defense that D breached the implied warranty of habitability and filed counterclaims for the cost of repairing defective conditions for which P had been given notice but failed to fix. The trial court ruled for P in that D failed to set forth a legal defense to P's actions for back rent and possession of the premises. D appealed. The Superior court reversed and remanded in that caveat emptor was no longer proper for residential leases and that there was an implied warranty of habitability. P appealed.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.