Florer v. Walizada
Annotate this CaseTenant Dennis Florer brought an action against Yar Walizada, his landlord, for breach of the warranty of habitability based on an alleged failure to provide an adequate heat source. Walizada moved to dismiss, asserting that Florer lacked standing to bring the action because, by the time Florer provided written notice under Idaho Code section 6-320, the alleged breach had already been cured. The district court denied the motion and, following a bench trial, entered judgment in Florer’s favor. Walizada appealed, arguing the district court erred in denying his motion to dismiss. After review, the Idaho Supreme Court found: Walizada rented a house without an adequate heat source to Florer; he had an obligation to provide an adequate heat source; he induced Florer to install the stove by promising to offset Florer’s costs against his rent; and he reneged on this promise. The Court found Florer could have sued for breach of the oral agreement to offset the costs of installation against his rent, and given the result below, it appears he would have been successful if he had. However, Florer brought suit under section 6-320, and this suit was not preceded by a written notice allowing three days to cure, the district court’s failure to grant Walizada’s motion to dismiss contradicted the plain language of section 6-320; therefore, the Court reversed its decision.
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