Meredith

BACKGROUND

In June 2012, appellants entered into a residential lease with respondents.1 Under the terms of the lease, rent was due on the first of each month. On three occasions between June 30 and July 15, appellants experienced problems with the property’s sewage system which caused wastewater to back up into the bathtubs and toilets. Appellants complained to respondents, who sent repair workers.

1 On the lease, only Plant is identified as the landlord. The complaint alleges that Plant was an officer of respondent Plant & Associates, Inc., and that Plant and respondent Thomas L. Davis own the leased property through a self-settled trust. For purposes of this appeal, the parties do not differentiate between the respondents’ individual roles or liabilities; we shall do the same.

1 On July 16, Plant wrote appellants: “I will make financial accommodations with you for your loss of a living space. Give me some numbers of what will make you comfortable.” When appellants did not respond, Plant wrote again on July 28, “Pl[ease] tell me what you have in mind for settling up with me on the inconveniences that the septic system has caused.” On August 1, appellants wrote Plant demanding…