Vasquez v. CHI Properties, LLCAnnotate this Case
The Supreme Court affirmed the district court's order dismissing Tenants' first cause of action against Landlord under the Uniform Residential Landlord and Tenant Act (URLTA) but reversed as to Tenants' second, third, and fourth causes of action, holding that the complaint stated plausible claims for relief under Neb. Rev. Stat. 76-1419, 76-1430, and 76-1439 of the URLTA for retaliatory conduct, ouster, and failure to maintain fit and habitable premises but not under sections 76-1418 and 76-1429 for failure to deliver possession.
In their complaint, Tenants alleged that numerous code violations materially affecting their health and safety were present at the time they commenced physical possession of the property at issue but were not discovered until later. The City of Omaha Planning Department's housing division eventually declared the property unsafe and unfit for human occupancy, Tenants vacated the premises and did not receive a return of their security deposit or rent and utilities paid for the months they were unable to occupy the premises. Tenants then brought this action. The district court dismissed the complaint, concluding that the alleged facts did not state a claim for relief under the URLTA. The Supreme Court reversed in part, holding that the district court erred in dismissing several causes of action.