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In the following scenario, identify the facts relevant to the following items and to whom it applies:

Duty to mitigate
Duty to provide a habitable property
Duty to disclose latent defects
Duty to disclose patent defects
Constructive eviction

Frank and Corinne are recently married and decided to rent an apartment and then save enough for a down payment for a house. They signed a year lease for $1,600 a month. The apartment has two bedrooms with bath and a screened-in back porch. The steps on the porch were a bit creaky but the landlord said he would take care of it. Things did not go smoothly. The bathroom had a thick carpet.

Over the first month the sink appeared to be slowly sinking. A friend of theirs who is a contractor came by and told them the floorboards below the bathroom have started to rot, causing the sinking bathroom. In the living room, slowly but surely mold started to develop, which emitted a very bad order.
After repeated calls to the landlord without any remedy, Frank and Corinne decided to leave the apartment and checked into a five star hotel that was near their work and made their commute to work much easier. Instead of paying the rent, they submitted a bill for $2,500 for the hotel and two doctor's visits of $750 for Corinne's reaction to the mold.

Sagot :

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