Question: Perkins leased space for two stores from Plazacorp. A few years ago, an awning across the front of the stores was removed, causing rain water

Perkins leased space for two stores from Plazacorp. A few years ago, an awning across the front of the stores was removed, causing rain water to seep into one of the stores and damage carpets and inventory. Plazacorp fixed the leak after repeated complaints by Perkins over a period of time. The second store was affected by sewage backups that originated in the common area of the property. In an attempt to prompt Plazacorp to remedy these situations, Perkins ceased paying rent. When Plazacorp sued for the rent arrears, Perkins counterclaimed for the cost of damage and repairs to the two stores. Was Perkins entitled to stop paying rent? Is Perkins’ counterclaim valid? On what does the answer depend?

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