Did Love lawfully terminate the lease?

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Implied Warranty of Habitability Sharon Love entered into a written lease agreement with Monarch Apartments (Monarch) for apartment 4 at 441 Winfield in Topeka, Kansas. Shortly after moving in, she experienced serious problems with termites. Her walls swelled, clouds of dirt came out of the walls, and when she checked on her children one night, she saw termites flying around the room. She complained to Monarch, which arranged for the apartment to be fumigated. When the termite problem persisted, Monarch moved Love and her children to apartment 2. Upon moving in, Love noticed that roaches crawled over the walls, ceilings, and floors of the apartment. She complained, and Monarch called an exterminator, who sprayed the apartment. When the roach problem persisted, Love vacated the premises. Did Love lawfully terminate the lease? Who wins?Love v. Monarch Apartments, 13 Kan.App.2d 341, 771 P.2d 79,Web 1989 Kan.App. Lexis 219 (Court of Appeals of Kansas)

 

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