Case Problem. Answer the below case problem, giving the legal issue, the governing law and the rationale in support of your conclusion.

Dan and John, students at a University, entered into a one-year written

lease with Brookland Management Company [BMC], for the rental of an older

home in the Brookland community. The lease required a $5000 security

deposit, and contained clauses (a) waiving BMCs compliance with the citys

housing codes and applicable federal laws [e.g., environmental laws], (b)

waiving the warranty of habitability and duty to make repairs, and (c) waiving

BMCs liability for any injuries due to unsafe conditions in the leased

premises or common areas, as well any criminal activities in the surrounding

neighborhood.

Anxious to get settled into the new semester, Dan and John decided to move

in right away. Shortly afterward they discovered numerous defects: rotting

porch floorboards, broken and loose windows, an inoperable front door lock,

leaks in plumbing, a back door that would not close, falling plaster, and

exposed wiring. Later they discovered cockroach infestation, the absence of

heat and hot water, and pigeons in the attic. Most unfortunately, Dan and John

had very noisy neighbors, with many late-night parties and people constantly

going in and out of the neighbors homes [drug activity?].

Dan and John contacted BMC, trying to get the above problems corrected.

While they were waiting to meet with BMC more problems occurred:

most of their furniture was damaged due to a burst water pipe, John fell

through the rotten deck, and their home was burglarized, with Dan being

shot by the burglar in attempting to escape. Both sustained severe injuries.

After weeks of waiting for BMC to take corrective action Dan and John

decided to move out with 10 months remaining on their lease, refusing to pay

anymore rent. BMC refused to return the $5000 security deposit and in fact

sued Dan and John for the unpaid rent. Dan and John counterclaimed for

damages and the return of their security deposit. BMC contended that Dan

and John had waived BMCs compliance with housing codes, the above

warranties, plus BMCs liability for property damage and personal injuries.

Questions:

1. Are the above waiver clauses legally enforceable, thus protecting BMC from its landlords duties and liabilities?

2. If not, on what legal grounds can Dan and John justify moving out of their house before the lease ended and most importantly, win the lawsuit for damages and injuries?

3. What should Dan and John have done to avoid their terrible leasing experiences? [profs hint: use of private home inspector, and tenant protection offices].